The High Court of Kerala dismissed an appeal as abated because the notice issued to the first respondent was returned as expired and no representation was filed on subsequent dates of hearing.
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 P.BHAVADASAN
MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932
SA.No. 449 of 1995()
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A.S. NO.31/1986 OF THE SUB COURT, MANJERI. O.S. 60/81 OF THE MUNSIFF'S COURT, MANJERI.
APPELLANT(S): RESPONDENTS/ PLAINTIFFS 2 TO 78
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1. MUNDAMBRA AYISSA UMMA, D/O. DECEASED IBRAYIN KUTTY(ORIGINAL DECEASED I PLAINTIFF) URANGATTIRI AMSOM AND DESOM IN ERNAD TALUK (DIST MALAPURAM.
2. M.AHAMMEDKUTTY, DO. DO.
3. M.KAYYUMMA, OF DO. DO.
4. M.MOHAMMED OF DO. DO.
5. M.KUTTYRAYANKUTTY (MINOR) DO. DO.
6. M.KADEEJA (MINOR) DO. DO.
7. A.PATHUMMA, D/O. A.KUTTYRAYANKUTTY, DO. DO.
(APPELLATNS 5 AND 6 ARE MINORS AND THEIR MOTHER 7TH APPELLANTS IS THE GUARDIAN.)
BY ADV. SRI.K.K.UNNI
RESPONDENT(S): APPELLANTS 1 TO 7 AND 9 TO 12/ DEFENDANTS
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1. KAPPACHALI ALI, S/O. AYDRU URANGATTIRI AMSOM AND DESOM IN ERNAD TALUK (DT) , MALAPURAM.
2. KAPPACHALI KUNHIKADIYUMMA, D/O. UNNIYAN, DO. DO.
S.A. NO.449/1995
3. KAPPACHI AYDRU, S/O. MOYIN, DO. DO.
4. K.ABBAS OF DO. DO.
5. K.ALI DO. DO.
6. K.KADEEJA UMMA, OF DO. DO.
7. K.RASHEED, DO. DO.
8. K.AYISSA UMMA, W/O. KALLINGAL ENI OF DO. DO.
9. ATHANGADAN ASSANKUTTY, S/O. MAMMUTTY, DO. DO.
10. A.ABDUREHIMAN, OF DO. DO.
11. KAKKUNDIRI KUTTY ASSAN, S/O. MAMMATHESSA OF DO. DO.
12. K.MOHAMMED (FATHER'S NAME NOT KNOWN) OF DO. DO.
13. KARALIKKADAN ABOOBECKER, S/O. VEERANKUTTY DO. DO.
R1 TO R13 BY ADVS. SRI.P.VIJAYAKUMAR SRI.P.NANDAKUMAR
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
P.BHAVADASAN, J.
S.A No.449 of 1995
Dated this the 12th July, 2010
J U D G M E N T
Notice issued to the first respondent returned with the endorsement “expired”. The matter was posted for taking fresh steps. When the matter came up on 2.7.2010, there was no representation. When the matter was posted today also there was no representation. Hence the appeal is dismissed as abated.
P.BHAVADASAN, JUDGE
ma
R.S.A No.
2
R.S.A No.
3
Mundambra Ayissa Umma and others
Kappachali Ali and others
P. BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
