P.N. Ravindran,J.
This appeal is by the defendant in O.S.No.55 of 1999 on the file of the Court of the Subordinate Judge of Ottapalam. O.S.No.55 of 1999 was tried and disposed of along with O.S.No.53 of 1999 wherein also the very same appellant was joined as the defendant. Both the suits were decreed by a common judgment delivered on 21.06.2006. The common defendant thereupon filed R.F.A. No. 384 of 2006 in this Court joining the plaintiff in O.S.No.53 of 1999 as the respondent. Challenging the decree in O.S.No.55 of 1999, he filed A.S. No.156 of 2006 in the Court of the District Judge, Palakkad. The said appeal was withdrawn to this Court to be heard along with R.F.A. No.384 of 2006. After the appeal was withdrawn to this Court, notice was sent to the appellant and respondent from this Court on 04.02.2013 with the hearing date fixed as 25.02.2013. The said notice was returned with an endorsement 'expired'. The records in R.F.A. No.384 of 2006 filed by the very same appellant disclose that consequent on his death, his legal heirs had filed I.A.No.4442 of 2010 seeking impleadment as additional appellants 2 to 10 in that appeal and it was allowed by order RFA No.649 of 2011 2 passed on 14.02.2010. The affidavit filed in support of the said application discloses that Govindan, the appellant in the instant appeal passed away on 17.10.2010. His legal heirs have however not chosen to file an application to get themselves impleaded as additional appellants in the instant appeal. This appeal has therefore, abated. The sole respondent in the appeal is also no more. Steps have not been taken to implead his legal heirs as well. The appeal is accordingly dismissed as abated.
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P.N. RAVINDRAN, JUDGE Sd/-
P.B.SURESH KUMAR, JUDGE //true copy// P.A. To Judge smv