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Beebi Vs Suliman — Civil Procedure and Limitation | Kerala HC (2010)

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Kerala HC
2010
Beebi Vs SulimanBeebi v. Suliman

Dismissed

Beebi v. Suliman

Kerala HC4 Aug 2010AS/913/1998

Case brief

AI extract

What is this about?

This appeal was dismissed for default as no adjournment was granted despite a representation requested by the appellants.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932

AS.No. 913 of 1998(C) --------------------OS.552/1993 of ADDL.SUB COURT, PALAKKAD ....................

APPELLANT(S): DEFENDANTS:

-----------------------------------------------

*1. BEEBI, W/O. HANEEFA, RESIDING AT KURICHAMKULAM, PIRAYIRI AMSOM, PALAKKAD DISTRICT. ( D I E D).

2. SAREEBHA, D/O. HANEEFA, RESIDING AT ANAMARI, NADUVANCHIRA, MUTHALAMADA AMSOM, PALAKKAD DISTRICT.

3. NURUDHEEN, S/O.HANEEFA (BUSINESS) RESIDING AT KURICHAMKULAM, PIRAYIRI AMSOM, PALAKKAD DISTRICT.

4. PATHUMUTHU, W/O. ISAQ ROWTHER, RESIDING AT PETTATHODI, PUTHUPPALLITHERUVU, NOORANI, PALAKKAD DISTRICT.

Parties & counsel

AI extract

appellant
Beebi w/o Haneefa
appellant
Sareebha d/o Haneefa
appellant
Nurudheen s/o Haneefa
appellant
Pathumuthu w/o Isaq Rowther
appellant
Kemal s/o Haneefa
respondent

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 4 Aug 2010 · August
Registered: 5 Nov 1998
Case no.: AS/913/1998

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Cite this judgement

Beebi v. Suliman, AS/913/1998 (KL), decided on 4 August 2010.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

M.N. Krishnan

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The appeal was dismissed for default on the ground that the appellant did not appear or request an adjournment during the final hearing.

A compact analysis

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.

5. KEMAL, S/O. HANEEFA (BUSINESS) RESIDING AT ANDIMADAM, NEELIKADE, OLAVAKKODE, PALAKKAD DISTRICT.

*IT IS RECORDED THAT 1ST APPELLANT DIED ON 25/03/02, AND APPELLANTS 2 TO 5 WHO ARE LEGAL HEIRS ARE ALREADY ON THE PARTY ARRAY AND NO OTHER PERSON IS TO BE IMPLEADED AS LEGAL HEIR VIDE ORDER DTD. 17/03/2010 IN MEMO DTD. 25/01/2008, CF 934/08.

BY ADVS. SRI.B.SURESH KUMAR, SMT.K.GIRIJA.

RESPONDENT(S): PLAINTIFFS: ---------------------------------------------------

1. SULIMAN, S/O.LATE ABDUL KHADER RAWTHER, RESIDING AT THEKKUPARADI, KIZHAKKETHARA AMSOM, CHITTUR TALUK, PALAKKAD DISTRICT.

Kss

..2/-

...2....

A.S.NO.913/1998

2. MOOSA, S/O.ABDUL KHADER RAWTHER, RESIDING AT THELUNGATHARA KIZHAKKETHARA AMSOM, KOLLENGODE, CHITTUR, PALAKKAD DISTRICT.

3. JAMEELA, RESIDING AT THEKUPARADI,KIZHAKKETHARA AMSOM, KOLLENGODE, CHITTUR, PALAKKAD DISTRICT.

4. NOORJAHAN, D/O. SALMA, RESIDING AT KAMMANTHARA, VADAKKENCHERRY AMSOM, PALAKKAD DISTRICT.

(W/O.KUTHOOSE)

5. KAMARUNEEZA, W/O.ABDUL RAZAK, RESIDING AT THELUNGUTHARA,KOLLENGODE, PALAKKAD DISTRICT.

R1 TO R5 BY ADVS. SRI.P.R.VENKETESH, SRI.P.R.RAJA.

THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Kss

ORDER ON CMP.NO.7339/1998 IN A.S.NO.913/1998

DISMISSED

20/05/2010

SD/- M.N.KRISHNAN, JUDGE

/TRUE COPY/

P.A.TO JUDGE

KSS

M.N. KRISHNAN, J.

= = = = = = = = = = = = = = = A.S. NO. 913 OF 1998

= = = = = = = = = = = = = = = Dated this the 20^th day of May 2010.

J U D G M E N T

There is a representation on behalf of the appellant for adjournment. I am not inclined to grant any adjournment. Appeal is dismissed for default.

M.N. KRISHNAN, JUDGE.

ul/-

M.N. KRISHNAN, J.

= = = = = = = = = = A.S. No.913 OF 1998

= = = = = = = = = = =

J U D G M E N T

20^th May, 2010.

Suliman s/o Late Abdul Khader Rawther

Coram

AI extract

M.N. Krishnan

CNR

KLHC010010191998

Topic

Civil Procedure and Limitation

Bench

Disposal

DISPOSED OF

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4 Aug 2010