Regular First Appeal against a District Court Lakshadweep decree on a suit between family members over property; with no appellant representation on the hearing dates, the appeal was dismissed for non-prosecution.
None granted; appeal dismissed for non-prosecution.
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 MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
RFA NO. 86 OF 2004
AGAINST THE JUDGMENT AND DECREE DATED 30.05.2003 IN OS NO.5
OF 2002 OF DISTRICT COURT, LAKSHADWEEP
APPELLANTS/PLAINTIFFS:
1 MATHILKADA NALLAI THANGAKOYA, S/O. LATE BAMBATHIBI, AGED 50 YEARS, KALPENI ISLAND.2 MATHILKADA NALLAL SAYED SHAIK KOYA, S/O. LATE BAMBATHIBI, AGED 47 YEARS, KALPENI ISLAND.3 MATHILKADA NALLAL SAKKIR HUSSAIN S/O. LATE BAMBATHIBI, AGED 33 YEARS, KALPENI ISLAND., APPELLANTS 2ND AND 3 ARE REPRESENTED BY THEIR, POWER HOLDER MATHILKADA NALLAL THANGAKOYA, S/O. BAMBATHIBI, KALPENI, ISLAND.BY ADVS.
SRI.T.H.ABDUL AZEEZ
SRI.T.B.HOOD
RESPONDENTS/DEFENDANTS:
1 MATHILKADANALLAI SAYED MOHAMMED KOYA S/O. LATE BAMBATHIBI AGED 54 YEARS, KALPENI ISLAND, NOW EMPLOYED IN LAKSHADWEEP, HARBOUR WORKS, AMINI ISLAND.2 MATHILKADANALLA-1 BI, S/O. LATE BAMBATHIBI, AGED 56 YEARS, KALPENI ISLAND.3 MATHILKADANALLAL ATTABI D/O. BI, AGED 26 YEARS, KALPENI ISLAND.4 MATHILAKADANALLAL LATHEEF S/O. BI AGED 25 YEARS, KALPENI ISLAND.R.F.A.No.86 of 2004
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5 MATHILKADANALLAL AKBAR S/O. BI AGED 23 YEARS, KALPENI ISLAND.6 MATHILKADANALLAL HABUSABI D/O. BI AGED 20 YEARS, KALPENI ISLAND.7 MATHILKADANALLAL NAZEERKHAN S/O. BI AGED 19 YEARS, KALPENI ISLAND.8 MATHIKADANALLAL FATHUMMABI MINOR AGE 11 YEARS, MOTHER AND GUARDIAN 3RD DEFENDANT, KALPENI ISLAND.9 KADEESABI MATHILKADANALLAL D/O. LATE BEEBI AGED 67 YEARS, KALPENI ISLAND.10 MATHILKADANALLAL ATTAKOYA S/O. KADEESABI AGED 51 YEARS,, KALPENI ISLAND.11 MATHILKADANALLAL AYSOMMABI D/O. KADEESABI AGED 41 YEARS,, KALPENI ISLAND.12 MATHILKADANALLAL SAFIYABI D/O. KADEESABI AGED 39 YEARS, KALPENI ISLAND.13 MATHILKADANALLAL MOHAMMEDKOYA S/O.KADEESABI AGED 27 YEARS, KALPENI ISLAND.14 MATHILKADANALLAL HAJEROMMABI D/O. KADEESABI AGED 35 YEARS,, KALPENI ISLAND.15 MATHILKADANALLAL NALLAKOYA S/O. LATE BEEBI AGED 59 YEARS,, KALPENI ISLAND.16 MATHILKADANALLAL KOYA S/O. LATE BEEBI AGED 52 YEARS, KALPENI ISLAND.17 MATHILKADANALLAL BIYYATTABI D/O. LATE BEEBI AGED 57 YEARS,, KALPENI ISLAND.18 MATHILKADANALLAL FARSHIDHABANU AGED 12 YEARS (MINOR) REPRESENTED BY HER, MOTHERR.F.A.No.86 of 2004
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AND GUARDIAN 11TH DEFENDANT AYSOMMABI, KALPENI ISLAND.
19 MATHILKADANALLAL JAZEERKHAN S/O. SAFIYABI AGED 21 YEARS,, KALPENI ISLAND.20 MATHILKADANALLAL JABIDKHAN S/O. SAFIYABI AGED 19 YEARS,, KALPENI ISLAND.21 MATHILAKADANALLAL JUNAIDKHAN AGED 14 YEARS (MINOR) REPRESENTED BY HIS MOTHER, AND GUARDIAN 12TH DEFENDANT SAFIYABI,, KALPENI ISLAND.22 MATHILKADANALLAL JIFARIYA JASMINE AGED 7 YEARS, (MINOR) REPRESENTED BY HIS MOTHER, AND GUARDIAN 12TH DEFENDANT SAFIYABI,, KALPENI ISLAND.23 MATHILKADANALLAL JUMNA JASMINE AGED 5 YEARS (MINOR) REPRESENTED BY HIS MOTHER, AND GUARDIAN 12TH DEFENDANT SAFIYABI,, KALPENI ISLAND.24 MATHILKADANALLAL SAJITHAJOHAR AGED 5 YEARS (MINOR) REPRESENTED BY HER MOTHER, AND GUARDIAN 14TH DEFENDANT HAJEROMMABI,, KALPENI ISLAND.25 MATHILKADANALLAL KUNHIBI D/O. BIYATTABI AGED 36 YEARS,, KALPENI ISLAND.26 MATHILKADANALLAL HYDERALI D/O. BIYYATTABI AGED 26 YEARS, KALPENI ISLAND.27 MATHILKADANALLAL NOUSHARVHAN AGED 16 EARS, REPRESENTED BY HIS MOTHER, AND GUARDIAN 25TH DEFENDANT KALPENI ISLAND.28 MATHILKADANALLAL BEEFATHUMMABI AGED 23 YEARS, D/O. KADISABI KALPENI ISLAND.R.F.A.No.86 of 2004
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29 MATHILKADANALLAL BEEFATHUMMABI (DIED ON 21-02-2003, PENDING THE SUIT, HER LEGAL, REPRESENTATIVES ARE RESPONDENTS 30 TO 41, WERE ALREADY IN THE PARTY ARRAY WHICH WAS, RECORDED BEFORE THE COURT BELOW)30 MATHILKADANALLAL CHERIYABI, D/O. LATE BEEFATHUMMABI AGED 46 YEARS, KALPENI ISLAND.31 MATHILKADANALLAL HAMZAKOYA, S/O. LATE BEEFATHUMMABI AGED 43 YEARS, KALPENI ISLAND.32 MATHILKADANALLAL SAYEDKOYA S/O. LATE BEEFATHUMMABI AGED 41 YEARS, KALPENI ISLAND, NOW AT SARABIYODA KAVARATTI ISLAND33 MATHILKADANALLAL MOHAMMED HANEEFAKOYA S/O. LATE BEEFATHUMMABI AGED 36 YEARS, KALPENI ISLAND.34 MATHILKADANALLAL BEEBI, D/O. LATE BEEFATHUMMABI AGED 39 YEARS, KALPENI ISLAND.35 MATHILKADANALLAL HASEENA D/O. CHERIYABI AGED 29 YEARS, KALPENI ISLAND.36 MATHILKADANALLAL JARI 2 YEAR MINOR REPRESENTED BY HER MOTHER AND GUARDIAN, 35TH DEFENDANT, KALPENI ISLAND.37 MATHILKADANALLAL SANEEMA AGED 13 YEARS (MINOR) REPRESENTED BY HER MOTHER, AND GUARDIAN 34TH DEFENDANT BEEBI, KALPENI ISLAND38 MATHILKADANALLAL VASIF, AGED 11 YEARS (MINOR) REPRESENTED BY HER MOTHER, AND GUARDIAN 34TH DEFENDANT BEEBI, KALPENI ISLAND.39 MATHILKADANALLAL MASAHIRA, AGED 10 YEARS (MINOR) REPRESENTED BY HER MOTHER, AND GUARDIAN 34TH DEFENDANT BEEBI, KALPENI ISLAND.R.F.A.No.86 of 2004
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40 MATHILKADANALLAL MUNSIR
AGED 8 YEARS (MINOR) REPRESENTED BY HER MOTHER, AND GUARDIAN 34TH DEFENDANT BEEBI, KALPENI ISLAND.41 MATHILKADANALLAL MOHAMMEDNAGASHAGED 6 YEARS, (MINOR) REPRESENTED BY HER MOTHER, AND GUARDIAN 34TH DEFENDANT BEEBI,, KALPENI ISLAND (RESPONDENT NO.32, SAYED KOYA IS, THE POWER HOLDER OF RESPONDENTS 29,30,31,33 TO 41, IN THE42 HALIMAPURA AYSABI AGED 49 YEARS W/O. LATE MATHILKADANALLAL MUTHUKOYA, KALPENI ISLAND.43 HALIMAPURA HAKKIM AGED 20 YEARS S/O. LATE MATHILKADANALLAL MUTHUKOYA, KALPENI ISLAND, NOW EMPLOYED LAKSHADWEEP HARBOUR, WORKS KAVARATTI ISLAND.44 HALIMAPURA MOHAMMEDKOYA AGED 15 YEARS (MINOR) REPRESENTED BY HER MOTHER AND GUARDIAN, 42ND DEFENDANT AYSABI, KALPENI ISLAND.45 HALIMAPURA ANWAR HUSSAIN AGED 14 YEARS (MINOR) REPRESENTED BY HER, MOTHER AND GUARDIAN 42ND DEFENDANT AYSABI,, KALPENI ISLAND.BY ADVS.
SRI.M.K.ABOOBACKER
SRI.K.P.MAJEED
SRI.K.M.MOHAMMED KUNHI
THIS REGULAR FIRST APPEAL HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.F.A.No.86 of 2004
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JUDGMENT
When the matter was taken up for consideration
on 05.04.2024, there was no representation for the
appellants. Today also nobody appears for the
appellants.
Accordingly, the appeal is dismissed for non-
prosecution.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
sp/12/04/2024
Mathilkada Nallai Thangakoya
Mathilkada Nallal Sayed Shaik Koya
Mathilkada Nallal Sakkir Hussain
Mathilkadanallai Sayed Mohammed Koya
Mathilkadanalla-1 Bi
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court