Second appeal dismissed for default as appellants failed to cure defects regarding non-service and absence of parties.
Second Appeal dismissed for default due to non-curing of defects.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
THURSDAY, THE 13TH DECEMBER 2007 / 22ND AGRAHAYANA 1929
SA.No. 759 of 1995 -------------------- ( AS.122/1988 of I ADDL. DISTRICT COURT, KOLLAM OS.20/1983 of SUB COURT,KOTTARAKKARA )
APPELLANTS/APPELLANT NO.4, RESPONDENT NO.2 AND APPELLANT NOS. 7 TO 11 IN THE LOWER APPELLATE COURT. :
RESPONDENTS/RESPONDENT NO.1 AND 4 TO 6 AND APPELLANT NOS. 3,5,6 AND 12 TO 20 IN THE LOWER APPELLATE COURT:
SA.No. 759 of 1995
| 8. | UTHUMAN KANNU RAWT OYOOR CHERIYA VELIN |
HER, NE ELLOOR |
DUMKAITHAYIL VEEDU, MURI, ELAMADU VILLAGE. |
|---|---|---|---|
| 9. | UMMER KANNU, NEDUM CHERIYA VELINELLOOR |
KAITHAY MURI, E |
IL VEEDU, OYOOR, LAMADU VILLAGE. |
| 10. | ABDUL MAJEED OF | -DO- | -DO- |
| 11. | NAUSHAD OF | -DO- | -DO- |
| 12. | KHADEEJA BEEVI OF | -DO- | -DO- |
| 13. | SAFIYA BEEVI OF | -DO- | -DO- |
| 14. | SULEKHA OF | -DO- | -DO- |
| 15. | HASEENA OF | -DO- | -DO- |
| 16. | SAJEENA OF | -DO- | -DO- |
BY ADV. SRI.V.N.ACHUTHA KURUP
ADV. SRI.B.S.SWATHY KUMAR
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T. SANKARAN, J.
S.A. No. 759 OF 1995
................................................................................... Dated this the 13th December, 2007
J U D G M E N T
On 22.11.2007, two weeks' time was granted to cure the defects. Learned counsel for the appellants submitted that he has received a letter dated 28.11.2007 sent by appellant No.5 stating that he is in Andhra Pradesh and that another appellant is in England. It is submitted that it is stated in the letter that most of the respondents who are not served are in the Gulf country. Learned counsel submits that appellant No..5 has expressed his inability to furnish the details so as to cure the defects.
Accordingly, the Second Appeal is dismissed for default.
K.T. SANKARAN, JUDGE.
lk
K.T. SANKARAN, J.
S.A. No. 759 of 1995
......................................................... Dated this the 13th December, 2007
J U D G M E N T
SHAHUL HAMMED RAWTHER AMEER KANNU RAWTHER
SHAHUL HAMEED RAWTHER ABDUL KHADER RAWTHER
SAFIYA BEEVI
RAZIYA BEEGUM
NAZAR KHAN
SUJA BEEGUM
K.T. SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
