Regular second appeal arising from a partition-related property dispute was dismissed because the application to condone the 4388-day filing delay had already been rejected, leaving the appeal time barred.
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 A. BADHARUDEEN
WEDNESDAY, THE 17TH DAY OF JANUARY 2024 / 27TH POUSHA, 1945
RSA NO. 475 OF 2023
AGAINST THE JUDGMENT IN AS 100/1999 OF SUB COURT, OTTAPPALAM AND IN
O.S.NO.68/1997 OF MUNSIFF COURT, OTTAPALAM
APPELLANT/SUPPLIMENT 7TH RESPONDENT/LEGAL HEIR OF PLAINTIFFS:
JAMEELA
AGED 52 YEARS
D/O. LATE MUHAMMED, PALLATTAPURAKKAL HOUSE, KULAPULLI AMSOM AND DESOM, P.O. KULAPULLI, GOVT. PRESS, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679122
BY ADVS. P.JAYARAM P.B.AJOY K.R.PAUL
RESPONDENTS/APPELLANT & SUPPLIMENT RESPONDENTS 3 TO 6 & 8 TO 11/DEFENDANTS:
S/O. LATE MATHARI, THIYATTIL HOUSE, KULAPULLI AMSOM AND DESOM, P.O. KULAPULLI, GOVT. PRESS, OTTAPALAM TALUK, PALAKKAD DISTRICT,PIN-679122, PIN - 679122
*2 ABOOBACKAR SIDDIQUE,(DIED) AGED 60 YEARS
S/O LATE MUHAMMED, PALLATTAPURAKKAL HOUSE, KULAPULLI AMSOM AND DESOM, P.O. KULAPULLI, GOVT. PRESS, OTTAPALAM TALUK, PALAKKAD DISTRICT,PIN-679122., PIN - 679122
3 MARIYA
AGED 58 YEARS
D/O LATE MUHAMMED, PALLATTAPURAKKAL HOUSE, KULAPULLI AMSOM AND DESOM, P.O. KULAPULLI, GOVT. PRESS, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679122
4 MUSTAFA AGED 55 YEARS
S/O LATE MUHAMMED, PALLATTAPURAKKAL HOUSE, KULAPULLI AMSOM AND DESOM, P.O. KULAPULLI, GOVT. PRESS, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679122
5 ABDUL LATHEEF AGED 52 YEARS S/O LATE MUHAMMED, PALLATTAPURAKKAL HOUSE, KULAPULLI AMSOM AND DESOM, P.O. KULAPULLI, GOVT. PRESS, OTTAPALAM TALUK, PALAKKAD
RSA NO. 475 OF 2023
2
DISTRICT, PIN - 679122
6 MISHRAFF
AGED 50 YEARS S/O LATE MUHAMMED, PALLATTAPURAKKAL HOUSE, KULAPULLI AMSOM AND DESOM, P.O. KULAPULLI, GOVT. PRESS, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679122
7 RAHMATH
AGED 45 YEARS
D/O LATE MUHAMMED, PALLATTAPURAKKAL HOUSE, KULAPULLI AMSOM AND DESOM, P.O. KULAPULLI, GOVT. PRESS, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679122
8 BUSHARA
AGED 42 YEARS
D/O LATE MUHAMMED, PALLATTAPURAKKAL HOUSE, KULAPULLI AMSOM AND DESOM, P.O. KULAPULLI, GOVT. PRESS, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679122
9 SAMEERA
AGED 38 YEARS
D/O LATE MUHAMMED, PALLATTAPURAKKAL HOUSE, KULAPULLI AMSOM AND DESOM, P.O. KULAPULLI, GOVT. PRESS, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679122
ADDL R10 ABDUL RAZAK
AGE AROUND 50 YEARS,S/O LATE MOHAMMED, THIYATTIL HOUSE, RED GATE, P.O.KULAPULLI, SHORNUR, OTTAPALAM TALUK, PALAKKAD DISTRICT-679122.
ADDL R11 MUHAMMED ALI,
AGED AROUND 48 YEARS,S/O LATE MOHAMMED, THIYATTIL HOUSE, RED GATE, P.O.KULAPULLI, SHORNUR, OTTAPALAM TALUK, PALAKKAD DISTRICT,PIN-679122.
***(LEGAL REPRESENTATIVES OF DECEASED RESPONDENT NOS.1 AND 2 ARE IMPLEADED AS ADDL.RESPONDENTS NOS.10 AND 11 ARE AS PER ORDER DATED 03.01.2024 IN IA.1/2023 IN RSA.475/2023).**
BY ADVS. NO ADVOCATE
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 17.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA NO. 475 OF 2023
3
J U D G M E N T
Since C.M.Appl. No.1/2023 filed to condone the delay of 4388 days in filing this Second Appeal has been dismissed, this Second Appeal also is dismissed being time barred.
Sd/-
A. BADHARUDEEN
JUDGE
rp
1 issue framed by the court
Should the delay of 4388 days in filing the second appeal be condoned?
Jameela
Thiyattil Muhammed
Aboobackar Siddique
Mariya
Mustafa
Abdul Latheef
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
