Dismissed

Chonam Baniyam Saromma, v. Chonam Baniyam Khalid

Kerala HC4 Oct 2019RFA/10/2006

Case brief

AI extract

What is this about?

The High Court dismissed the regular first appeal for default due to the appellant's unavailability and failure to pay court fees, effectively concluding the matter as the appellant appeared uninterested in prosecuting. The judgment notes incomplete service against some respondents but does not engage with the substantive merits of the original suit.

What the court decided

AI extract

Chonam Baniyam Saromma, Vs Chonam Baniyam Khalid — Civil Procedure and Limitation | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE MARY JOSEPH

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FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941

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RFA.No.10 OF 2006(Y)

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AGAINST THE JUDGMENT IN OS 11/2002 DATED 30-07-2005 OF DISTRICT COURT, LAKSHADWEEP

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APPELLANT:

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CHONAM BANIYAM SAROMMA, AGED 45 YEARS D/O.VADAKKILAPURA USMANKUTTY, KAVARATTI.

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BY ADV. SRI.T.RAVIKUMAR

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RESPONDENTS:

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1 CHONAM BANIYAM KHALID,

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S/O.VADAKKILAPURA USMANKUTTY, AGED 71 YEARS.

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2 VADAKKARODA KUNHIBI, AGED 51 YEARS, W/O.CHONAM BANIYAM KHALID.

¶14

3 CHONAM BANIYAM MOHAMMED ALI, AGED 36 YEARS, S/O.CHONAM BANIYAM KHALID.

¶15

4 CHONAM BANIYAM SAINABA, AGED 35 YEARS, D/O.CHONAM BANIYAM KHALID.

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5 CHONAM BANIYAM BEEBI, AGED 30 YEARS, D/O.CHONAM BANIYAM KHALID.

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6 CHONAM BANIYAM SULAIKHABI,

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AGED 28 YEARS, D/O.CHONAM BANIYAM KHALID.

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7 CHONAM BANIYAM SAIFUNNISA, AGED 20 YEARS, D/O.CHONAM BANIYAM KHALID.

¶20

8 CHONAM BANIYAM HAJEROMMA, AGED 58 YEARS, D/O.VADAKKILAPURAM USMANKUTTY. (DELETED)

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RFA.No.10 OF 2006(Y) 2

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9 CHONAM BANIYAM SAKKEER HUSSAIN, AGED 38 YEARS, S/O.BADHAYI USMAN. (DELETED)

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10 CHONAM BANIYAM MOHAMMED BASHEER, AGED 36, S/O.BADHAYI USMAN. (DELETED)

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11 CHONAM BANIYAM HIDHYATHULLA, AGED 34, S/O.BADHAYI USMAN, (DELETED)

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12 CHONAM BANIYAM MUHASSIN, AGED 32, S/O.BADHAYI USMAN. (DELETED)

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13 CHONAM BANIYAM BEEBI KHADEEJA, AGED 25, D/O.BADHAYI USMAN. (DELETED)

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14 CHONAM BANIYAM SAINABA, AGED 51, D/O.BADHAYI USMAN. (DELETED)

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15 CHONAM BANIYAM FAROOQ, AGED 35, S/O.M.C.HAMZA. (DELETED)

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16 CHONAM BANIYAM SALEENA, AGED 30, D/O.M.C.HAMZA. (DELETED)

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17 CHONAM BANIYAM AKRAM, AGED 1 (MINOR), REP. BY HIS MOTHER AND GUARDIAN 16TH DEFENDANT CHONAM BANIYAM SALEENA. (DELETED)

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18 CHONAM BANIYAM FOUSIYA, AGED 28, D/O.M.C.HAMSA. (DELETED)

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19 CHONAM BANIYAM RIZWANA, AGED 4 (MINOR), REP. BY HER MOTHER AND GUARDIAN 18TH DEFENDANT CHONAM BANIYAM FOUZIYA. (DELETED)

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20 CHONAM BANIYAM NAJUMUNNISA, AGED 22, D/O.M.C.HAMZA. (DELETED)

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21 CHONAM BANIYAM KATCHBI, AGED 38, W/O.KARUTHOLAPURA CHERIYAKOYA. (DELETED)

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22 CHONAM BANIYAM NAJUMUDHEEN, AGED 16 (MINOR), REP. BY HIS MOTHER AND GUARDIAN 21ST DEFENDANT CHONAM BANIYAM KATCHBI.(DELETED)

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23 CHONAM BANIYAM NAJMA, AGED 12 (MINOR), REP. BY HER MOTHER AND GUARDIAN 21ST DEFENDANT CHONAM BANIYAM KATCHBI. (DELETED)

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RFA.No.10 OF 2006(Y) 3

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24 CHONAM BANIYAM MUMEENATH, AGED 28, D/O.KARUTHOLAPURA KOYAMMA. (DELETED)

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25 CHONAM BANIYAM RUSHEEDA, AGED 8 (MINOR), REP. BY HER MOTHER AND GUARDIAN 24TH DEFENDANT CHONAM BANIYAM MUMEENATH. (DELETED)

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26 CHONAM BANIYAM NAZEEMA, AGED 25, D/O.KARUTHOLAPURA KOYAMMA. (DELETED)

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27 CHONAM BANIYAM THOUFEEQ, AGED 4 (MINOR), REP. BY HER MOTHER AND GUARDIAN 26TH DEFENDANT NAZEEMA. (DELETED)

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28 CHONAM BANIYAM THAMEEMA, AGED 1 MONTH(MINOR), REP. BY HER MOTHER AND GUARDIAN 26TH DEFENDANT NAZEEMA. (DELETED)

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29 CHONAM BANIYAM KHAYARUL BAZAR, AGED 62, D/O.KARUTHOLAPURAM KOYAMMA. (DELETED)

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30 CHONAM BANIYAM ABDUL RASHEED, AGED 6 MONTH (MINOR), REP. BY HIS MOTHER AND GUARDIAN 29TH DEFENDANT KHAIRUL BAZAR. (DELETED)

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RESPONDENTS 8 TO 30 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED 24/3/06 ON IA 976/2006.

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31 CHONAM BANIYAM ABDUL KHADER, AGED 45, S/O.VADAKKILAPURA USMANKUTTY.

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32 CHONAM BANIYAM MUTHUKOYA, AGED 43, S/O.VADAKKILAPURA USMANKUTTY. (DELETED)

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33 CHONAM BANIYAM KHADEESA, AGED 65, D/O.VADAKKILAPURA USMANKUTTY. (DELETED)

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34 CHONAM BANIYAM MOHAMMED, AGED 45, S/O.KHADEESA.(DELETED)

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35 CHONAM BANIYAM HAMZATH, AGED 43, S/O.KHADEESA. (DELETED)

¶51

36 CHONAM BANIYAM KHATHIM, AGED 40, S/O.KHADEESA. (DELETED)

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37 CHONAM BANIYAM HAMEED, AGED 38, S/O.KHADEESA. (DELETED)

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RFA.No.10 OF 2006(Y) 4

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38	CHONAM BANIYAM ABOOBACKER, AGED 48, S/O.VADAKKILAPURA ABDUL RAHIMAN. (DELETED)
39	CHONAM BANIYAM THAHIRA, AGED 43, D/O.VADAKKILAPURA ABDUL RAHIMAN. (DELETED)
40	CHONAM BANIYAM THAJUDHEEN,
	AGED 18, S/O.THAHIRA. (DELETED)
41	CHONAM BANIYAM HARIS, AGED 16 (MINOR), REP. BY HIS MOTHER AND GUARDIAN 39TH DEFENDANT THAHIRA.(DELETED)
42	CHONAM BANIYAM HAFIS,
	AGED 13 (MINOR), REP. BY HIS MOTHER AND GUARDIAN 39TH DEFENDANT THAHIRA. (DELETED)
43	CHONAM BANIYAM HASNA, AGED 5 (MINOR), REP. BY HER MOTHER AND GUARDIAN 39TH DEFENDANT THAHIRA. (DELETED)
44	CHONAM BANIYAM NAFEESA, AGED 38, D/O.VADAKKILAPURA ABDUL RAHIMAN. (DELETED)
45	CHONAM BANIYAM JASEENA, AGED 20, D/O.NAFEESA. (DELETED)
46	CHONAM BANIYAM SAJEENA, AGED 19, D/O.NAFEESA. (DELETED)
47	CHONAM BANIYAM AMINA,
	AGED 16 (MINOR), REP. BY HER MOTHER AND GUARDIAN 44TH DEFENDANT NAFEESA.
48	CHONAM BANIYAM JAMEELA, AGED 12 (MINOR), REP. BY HER MOTHER AND GUARDIAN 44TH DEFENDANT NAFEESA. (DELETED)
49	CHONAM BANIYAM MARJANATH, AGED 32, D/O.VADAKKILAPURA ABDUL RAHIMAN. (DELETED)
50	CHONAM BANIYAM RAZIYA, AGED 28, D/O.VADAKKILAPURA ABDUL RAHIMAN. (DELETED)
51	CHONAM BANIYAM AYSOMMA, AGED 65, D/O.VADAKKILAPURA USMANKUTTY. (DELETED)
52	CHONAM BANIYAM MUHAMMED ALI,
	AGED 38, S/O.KOTTEPURA ASSAINAR. (DELETED)

¶55

RFA.No.10 OF 2006(Y) 5

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53 CHONAM BANIYAM AYSABI, AGED 36, D/O.KOTTEPURA ASSAINAR. (DELETED)

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54 CHONAM BANIYAM MOHAMMED YASIN, AGED 7 (MINOR), REP. BY HIS MOTHER AND GUARDIAN 53RD DEFENDANT AYSABI. (DELETED)

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55 CHONAM BANIYAM MULLABI, AGED 32, D/O.KOTTEPURA ASSAINAR. (DELETED)

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56 CHONAM BANIYAM MUBINA, AGED 19, D/O.MULLABI. (DELETED)

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57 CHONAM BANIYAM JAMEELA, AGED 12 (MINOR), REP. BY HER MOTHER AND GUARDIAN 55TH DEFENDANT MULLABI. (DELETED)

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58 CHONAM BANIYAM MARJANATH, AGED 32, D/O.VADAKKILAPURA ABDULRAHIMAN. (DELETED)

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59 CHONAM BANIYAM RAZIYA, AGED 28, D/O.VADAKKILAPURA ABDULRAHIMAN. (DELETED)

¶63

RESPONDENTS 32 TO 59 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED 24/3/06 ON IA 976/06.

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60 CHONAM BANIYAM ASMA, AGED 70, W/O.USMAN, ADIYATTIMMEPURA.

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61 CHONAM ATTABI, AGED 45.

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62 CHONAM UMMER, AGED 35.

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63 CHONAM SYEDKOYA, AGED 34.

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64 CHONAM AMANULLA, AGED 30.

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65 CHONAM AHAMMED, AGED 30.

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66 CHONAM RAFI, AGED 26.

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RFA.No.10 OF 2006(Y) 6

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67	CHONAM HALIMABI, AGED 17 (MINOR) REP. BY HER MOTHER AND GUARDIAN 61ST DEFENDANT CHONAM ATTABI.
68	CHONAM RAHMATH BEEGUM, AGED 13 (MINOR), REP. BY HER MOTHER AND GUARDIAN 61ST DEFENDANT CHONAM ATTABI.
69	CHONAM FATHIMA, AGED 48.
70	CHONAM NADHEERA, AGED 28.
71	CHONAM AREEFA, AGED 3 (MINOR), REP. BY HER MOTHER AND GUARDIAN 70TH DEFENDANT CHONAM NADHEERA.
72	CHONAM JAZIR, AGED 25.
73	CHONAM RAMLA, AGED 22.
74	CHONAM ANSAR ALI, AGED 12 (MINOR)REP. BY HIS MOTHER AND GUARDIAN 69TH DEFENDANT CHONAM FATHIMA.
75	CHONAM NADHIRSHA, AGED 7 (MINOR), REP. BY HIS MOTHER AND GUARDIAN 69TH DEFENDANT CHONAM FATHIMA.
76	CHONAM FATHUMMA, AGED 45.
77	CHONAM NAZEERA, AGED 24.
78	CHONAM MAJIDHA, AGED 2 (MINOR), REP. BY HER MOTHER AND GUARDIAN 77TH DEFENDANT NZEERA.
79	CHONAM HABUSABI, AGED 19.
80	CHONAM SYEDALI, AGED 35.
81	PALLIKKANDI VEETTIL CHONAM SHAHULHAMEED, AGED 48.

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RFA.No.10 OF 2006(Y) 7

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82 PALLIKKANDI VEETTIL CHONAM HAVVABI, AGED 40. 83 PALLIKKANDI VEETTIL CHONAM NISSAR, AGED 20. 84 PALLIKKANDI VEETTIL CHONAM SHIHILABI, AGED 15 (MINOR), REP. BY HER MOTHER AND GUARDIAN 82ND DEFENDANT HAVVABI. 85 PALLIKKANDI VEETTIL CHONAM NAZIRA, AGED 14 (MINOR), REP. BY HER MOTHER AND GUARDIAN 82ND DEFENDANT HAVVABI. (ALL ARE KAVARATTI ISLANDERS) (AMENDED AND IMPLEADED AS PER ORDER IN IA 90/2003 AND 91/2003 DT. 21/10/2003).

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R1 BY ADV. SRI.K.M.FIROZ

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THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RFA.No.10 OF 2006(Y) 8

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JUDGMENT

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Dated this the 4th day of October 2019

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Service is incomplete against respondent Nos. 31 and 60 to

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85 for the reason that process for serving notice was not paid. Balance court fee was also not paid. Last time also neither the learned counsel for the appellant nor the appellant was available. This time also either of them are not available. Therefore, it appears that the appellant is not interested in prosecuting the appeal further. The R.F.A is dismissed for default.

Sd/-

MARY JOSEPH

JUDGE

Chonam Baniyam Saromma, v. Chonam Baniyam Khalid

Case brief

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Chonam Baniyam Saromma, v. Chonam Baniyam Khalid

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