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BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM

BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM
I.A. NOS. 2079 and 2080 OF 2016
And
CM Appl. No. 685 of 2016
IN
R.S.A. No. 949 of 2009

Petitioners/Appellants : C.M. Abraham (Died) and Another.
Petitioners/Appellants (Died) and Addl. Appellant/Appellant/ Defendant in O.S. 344/1995 :

1. C.M. Abraham, S/o. Mathai, Chakkupurackal House, Kumara mperoor, Vadakkekkara Muri, Vadasserikkara Village.
2. Kuttiyil Abraham Mathew, S/o. Late C.M. Abraham, Chakkupurackal House, Kumara mperoor, Vadakkekkara Muri, Vadasserikkara Village.
Vs
Respondents/Respondents : Lalitha Simon (Died) & others.
Respondents/Respondents/Addl. Plaintiffs 3 to 6 in O.S. No. 344/1995 (Legal heirs of Plaintiff and Additional Plaintiff No. 2 :

1. Lalitha Simon (Died), Chakkupurackal House, Kumara mperoor, Vadakkekkara Muri, Vadasserikkara Village.
2. Dr. Philipose Abraham, Chakkupurackal House, Kumara mperoor, Vadakkekkara Muri, Vadasserikkara Village.
3. Dr. Raju Abraham, Chakkupurackal House, Kumara mperoor, Vadakkekkara Muri, Vadasserikkara Village.
4. Mrs. Ancy John, Chakkupurackal House, Kumaramperoor, Vadakkekkara Muri, Vadasserikkara Village.
Addl. respondents sought to be impleaded (legal heirs of (late) Lalitha Simon - 1st Respondent)
5. Simon Samuel, Thengazhi kathu Sams, Aanjili Road, Behind Ravi Pillai Compound, Shankar Hospital Junction, Cantonment North, Kollam-1.
6. Dr. Shalin Anna Simon, W/o Dr. Thomas John, C/o. Simon Samuel, Thengazhikathu Sams, Aanjili Road, Behind Ravi Pillai Compound, Shankar Hospital Junction, Cantonment North, Kollam-1.
7. Samuel Simon (Lirin), C/o. Simon Samuel, Thengazhikathu Sams, Aanjili Road, Behind Ravi Pillai Compound, Shankar Hospital Junction, Cantonment North, Kollam-1.

NOTICE TO ADDITIONAL RESPONDENTS 5, 6 AND 7
R.S.A. No. 949/2009 is filed before the Hon’ble High Court of Kerala against the judgment and decree dated 31.10.2007 in A.S. No. 70/2000 passed by the Additional District, Pathanam thitta. Lalitha Simon, first Respondent in the R.S.A. died on 19.08.2012 I.A. No. 2079/16 has been filed to Implead the legal heirs of Lalitha Simon as additional respondents 5 to 7. I.A. No. 2080/16 has been filed to set aside the abatement of the Appeal. C.M. Application No. 685/16 has been filed to condone the delay in filing application to set aside the abatement. Notice ordered in the applications to additional respondents 5 to 7 could not be served as they have “Left India”. The Hon’ble High Court has now permitted appellant to serve notice on additional respondents 5 to 7 by paper publication. This notice is therefore published informing additional respondents 5 to 7 about the applications and appeal. The case is posted to 26.3.19 Additonal respondents 5 to 7 are hereby informed about the posting of the case. They have to take steps to defend the appeal personally or thorugh Counsel by appearing on 26.3.19. If they fail to do so the appeal would be decided in their absence.

Dated this 14th day of February, 2019.

V. Philip Mathews (Sd/-)
Counsel for the Appellants

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