IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 13TH DAY OF NOVEMBER 2023 / 22ND KARTHIKA, 1945 RSA NO. 587 OF 2023 AGAINST THE JUDGMENT IN OS.NO.216/2013 OF ADDITIONAL SUB COURT, THALASSERY AS.NO.121/2018 OF ADDITIONAL DISTRICT COURT - II, THALASSERY APPELLANTS/APPELLANTS/DEFENDANTS 1, 2 & 3: 1 N.K.MITHRAN AGED 68 YEARS S/O PURUSHOTHAMAN, RESIDING AT 11/42, IV MAIN ROAD, KOTOOR GARDEN, KOTTAPURAM, CHENNAI, PIN - 600085 2 PARISHITH MITHRAN AGED 33 YEARS S/O N.K. MITHRAN, RESIDING AT IV MAIN ROAD, KOTOOR GARDEN, KOTTAPURAM, CHENNAI, PIN - 600085 3 N. SAJINI MITHRAN AGED 57 YEARS W/O N.K. MITHRAN, RESIDING AT IV MAIN ROAD, KOTOOR GARDEN, KOTTAPURAM, CHENNAI, PIN - 600085 BY ADVS. MEENA.A. VINOD RAVINDRANATH M.R.MINI K.C.KIRAN ANISH ANTONY ANATHAZHATH THAREEQ ANVER K. NIVEDHITHA PREM.V M.DEVESH RESPONDENTS/:RESPONDENTS/PLAINTIFF AND 4TH DEFENDANT 1 N.K. RAJALAKSHMI AGED 82 YEARS D/O PURUSHOTHAMAN, RESIDING AT NO.13/53, M.R.C. NAGAR, SANTHOME, CHENNAI, PIN - 600028 2 D. LAKSHMI KALLYANI, BSC, BL AGE AND FATHER'S NAME NOT KNOWN, ADVOCATE, NOTARY PUBLIC AND COMMISSIONER, OF OATH, 242-FIRST FLOOR, PIOUS III BUILDING, NEW ADDITIONAL LAW CHAMBER, HIGH COURT, CHENNAI, PIN - 600014 RSA NO. 587 OF 2023 2 THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 13.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RSA NO. 587 OF 2023 3 JUDGMENT Dated this the 13th day of November, 2023 This appeal has been filed under Section 100 r/w Order XLII Rule 1 of the Code of Civil Procedure, against the decree and judgment in A.S.No.121/2018, dated 13.4.2023 on the files of the Additional District Court – II, Thalassery, arose out of the judgment and decree in O.S.No.216/2013 on the files of the Sub Court, Thalassery. 2. When the matter came up for consideration, there is no representation for the appellants, though this appeal has been pending with effect from 4.9.2023. Hence, this regular second appeal is dismissed for non- prosecution. Sd/- A. BADHARUDEEN JUDGE Bb