Dismissed

Nabeesumma @ Thattankandy Ayissu v. Sainaba

Kerala HC4 Feb 2019RSA/349/2009

Case brief

AI extract

What is this about?

The High Court at Ernakulam dismissed a regular second appeal filed by respondents 5 (through successors) against proceedings in the Principal Sub Court and Muniff Court. The matter was finalized without oral hearing as appellants/counsel were absent, no representation was received, and no steps were taken against specific respondents. The court observed the delay (2009 appeal) and dismissed the a

What did the court decide?

The appeal is dismissed by order for non-prosecution.

Nabeesumma @ Thattankandy Ayissu Vs Sainaba — Civil Procedure and Limitation | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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MONDAY ,THE 04TH DAY OF FEBRUARY 2019 / 15TH MAGHA, 1940

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RSA.No. 349 of 2009

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AGAINST THE JUDGMENT AND DECREE DATED 24.3.2008 IN AS 12/2005 of PINCIPAL SUB .COURT,THALASSERY

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AGAINST THE JUDGMENT AND DECREE DATED 306.2004 IN OS 295/1999 of MUNSIFF COURT, THALASSERY

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APPELLANT/APPELLANT/DEFENDANT NO.5:

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1 NABEESUMMA @ THATTANKANDY AYISSU (DIED) AGED 65 YEARS W/O ABOOTTY, OCCUPATION NIL, RESIDING AT VARAPARAM, EDAKKAD AMSOM, THOTTAD DESOM, KANNUR TALUK

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LEGAL HERIS OF DECASED SOLE APPELLANT

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ADDL..A PPL.

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2 MOOSA T.T. , AGED 49 YEARS RESIDING AT VARAPURAM EDAKKAD AMSEM, THOTTADA DESOM, KANNUR TALUK.

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ADDL. 3 NISSAR T.T. , APPL. AGED 43 YEARS RESIDING AT -DO- -DO-

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ADDL. 4 SAKINA V., APPL. AGED 36 YEARS RESIDING AT -DO- -DO-

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ADDL. 5 BASHEER V., APPL AGED 32 YEARS RESIDING AT -DO- -DOADDL. 6 SHUMSHADA, APPL AGED 30 YEARS RESIDING AT -DO- -DO-

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ADDL. 7 SHUMSHUDEEN, APPL AGED 30 YEARS

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RSA.N	o. 349	of 2009 2
		RESIDING AT -DO- -DO-
ADDL.A	P 8	RISWAN ,
PL.		AGED 16 S/O.SAKEENA, MINOR REP. BY HER MOTHER SAKINA RESIDING AT -DO- -DO-
ADDL.	9	NIYAD ,
APPL.		AGED 11
		S/O.SAKEENA OF -DO- -DO-
ADDL.	10	AYISHA,
APPL.		AGED 9
		D/O.SAKEENA OF -DO- -DO-
	11	FATHIMA,
		AGED 8
		D/O.SAKEENA OF -DO- -DO-
.	12	SHASSAL,
		AGED 12
		S/O.SHAMSADA MINOR REP.BY HIS MOTHER SHAMSADA OF -DO- -DO-
.	13	SAUJID V.,
		AGED 7
		D/O.SHAMSADA OF -DO- -DO-
	14	RASSAL V.,
		AGED 2
		D/O. -DO- -DO- -DO-
	15	MOHAMMED V.,
		AGED 2 MONTHS OF -DO- -DO-
		SOLE APPELLANT DIED AND ADDL.APPELLANTS 2 TO 15 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED SOLE APPELLANT AS PER ORDER DATED 10/1/2011 IN IA NO. 3136/2010.
		BY ADVS. SRI.K.V.PAVITHRAN SRI.P.T.ANTONY

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RSA.No. 349 of 2009 3

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RESPONDENTS/RESPONDENTS/PLAINTIFFS & DEFENDANTS-1 TO 4 + DEFENDANTS 6 TO 9:

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1 SAINABA, AGED 64 YEARS, W/O THATTANKANDY HASSAINAR, OCCUPATION NIL, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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2 DAUGHTER SOUJATH, AGED 44 YEARS, OCCUPATION NIL, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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3 SISTER NASEEMA, AGED 41 YEARS, OCCUPATION NIL, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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4 BROTHER NAZAR, AGED 39 YEARS, OCCUPATION NIL, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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5 BROTHER ALI, AGED 36 YEARS, OCCUPATION NIL, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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6 SISTER SAYIDA, AGED 33 YEARS, OCCUPATION NIL, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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7 SISTER FOUSIA, AGED 30 YEARS, OCCUPATION NIL, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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8 BROTHER ASHEED, AGED 29 YEARS, OCCUPATION NIL, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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9 BROTHER SHAMSU, AGED 29 YEARS, OCCUPATION NIL, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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RSA.No. 349 of 2009 4

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10 THATTANKKANDY ABOOBACKER, AGED 69 YEARS, FATHERS NAME NOT KNOWN, BUSINESS, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK. (DIED) LEGAL HEIRS IMPLEADED AS ADDL. R18 TO R20.

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11 VASANTHAVIDA SAKEENA, AGED 59 YEARS, W/O.THATTANKANDY MUHAMMED, OCCUPATION NIL, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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12 SON NAZAR, AGED 21 YEARS, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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13 SISTER THASLEEMA, AGED 20 YEARS, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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14 AMSATH, AGED 47 YEARS, FATHERS NAME NOT KNOWN, OCCUPATION NIL, RESIDING AT VARAPRAM, EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK. 15 SISTER SAHIDA, AGED 34 YEARS, OCCUPATION NIL, RESIDING AT VARAPRAM, EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK. 16 JASEELA, AGED 21 YEARS D/O.AMSATH, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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17 RASHID, AGED 10 (MINOR) S/O.AMSATH, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK. (RESPONDENT NO.17 MINOR THROUGH THE GUARDIAN, RESPONDENT NO.14 AMSATH).

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ADDL.R18-SEENATH, AGED 42 YEARS

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RSA.No. 349 of 2009 5

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D/O.THATTANKANDY ABOOBACKER, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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ADDL.R19- SHAKEENA, AGED 38 YEARS W/O.THATTANKANDY ABOOBACKER, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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ADDL.R20- AYISHA, AGED 61 YEARS D/O.THATTANKANDY ABOOBACKER, RESIDING AT EDAKKAD AMSOM, KUTTIKKAKAM DESOM, KANNUR TALUK.

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ADDL. RESPONDENTS 18 TO 20 ARE IMPLEADED BEING THE LEGAL HEIRS OF DECEASED R10 AS PER ORDER DATED 30/6/2011 IN IA NO. 831/2011.

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BY ADVS. R1 TO R3, R6, R7, R9, 11 TO 13 BY SRI.MOHAMMED SHAMEEL R1 TO R3, R6, R7, R9, R11 TO 13, R18 TO 20. BY SRI.P.M.PAREETH

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THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 04.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RSA.No. 349 of 2009 6

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JUDGMENT

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The appellants and counsel called absent. Nobody represented the matter. No steps were taken as against respondents 5, 8, 14 to 17. It is an appeal of the year 2009. Hence, this court has no other option, but to dismiss the appeal for non prosecution. Appeal is

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dismissed for non prosecution.

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Sd/-

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P.SOMARAJAN, JUDGE

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Nabeesumma @ Thattankandy Ayissu v. Sainaba

Case brief

What is this about?

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Nabeesumma @ Thattankandy Ayissu v. Sainaba

Case brief

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