Fathima & Others vs Aboobacker

Type Court Judgment Court Kerala Orders Decided Feb 14, 2023

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Citation: sooperkanoon.com/1355447
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.G. Ajithkumar
Decided On: Feb 14, 2023
Case Number: Mat.Appeal/43/2008

Parties & Advocates

Appellant / Petitioner

Fathima & Others

Respondent

Aboobacker

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice anil k. narendran & the honourable mr.justice p.g. ajithkumar tuesday, the 14th day of february 2023 / 25th magha, 1944 mat.appeal no.43 of 2008 against the order in i.a.no.606 of 2006 in o.p.no.246 of 2004 dated 06.11.2007 on the file of the family court, malappuram appellants:1 fathima, d/o thanikkal muhammed, oorgattiri amsom, thachanna desom p.o., 2 saifudeen, s/o.parappan aboobacker, anakkally house, oorgattiri amsom desom, present address: p.b.no.20512, jeddah 21465 k.s.a. 3 sameer, s/o.parappan aboobacker, thachanna, present address: p.b.no.20512, jeddah 21465 k.s.a. 4 baby subaina, d/o.parappan aboobacker, gothamp road, p.o. nellikkaparamb, kodiyathur amsom. 5 shahla, d/o. parappan aboobacker, oorgattiri amsom, thachanna desom, p.o. by adv sri.shibili naharespondent: aboobacker, s/o. parappan mammokkar, areakkode amsom, north kozhakkottur desom. this matrimonial appeal having come up for admission on 14.02.2023, the court on the same day delivered the following:judgmentanil k. narendran, j.the appellants are the respondents in o.p.no.246 of 2004, on the file of the family court, malappuram, which is one filed by the respondent herein, seeking partition of the petition schedule property. on 17.01.2008, this court dismissed the appeal holding that the appellants did not challenge the preliminary decree dated 13.01.2006. thereafter, appellants filed r.p.no.294 of 2008, seeking review of the judgment dated 17.01.2008 contending that the view taken by this court is an error apparent on the face ofthe record. the said review petition was allowed by the orderof this court dated 09.11.2022 and the appeal was listed for hearing.2. on 17.11.2022 and 30.11.2022, when this matter came up for consideration, the learned counsel for the appellants sought an adjournment.3. today, when this matter is taken up forconsideration, it is submitted by the learned counsel for the appellants that the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 14TH DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944 MAT.APPEAL NO.43 OF 2008 AGAINST THE ORDER IN I.A.NO.606 OF 2006 IN O.P.NO.246 OF 2004 DATED 06.11.2007 ON THE FILE OF THE FAMILY COURT, MALAPPURAM APPELLANTS:
1 FATHIMA, D/O THANIKKAL MUHAMMED, OORGATTIRI AMSOM, THACHANNA DESOM P.O., 2 SAIFUDEEN, S/O.PARAPPAN ABOOBACKER, ANAKKALLY HOUSE, OORGATTIRI AMSOM DESOM, PRESENT ADDRESS: P.B.NO.20512, JEDDAH 21465 K.S.A. 3 SAMEER, S/O.PARAPPAN ABOOBACKER, THACHANNA, PRESENT ADDRESS: P.B.NO.20512, JEDDAH 21465 K.S.A. 4 BABY SUBAINA, D/O.PARAPPAN ABOOBACKER, GOTHAMP ROAD, P.O. NELLIKKAPARAMB, KODIYATHUR AMSOM. 5 SHAHLA, D/O. PARAPPAN ABOOBACKER, OORGATTIRI AMSOM, THACHANNA DESOM, P.O. BY ADV SRI.SHIBILI NAHA
RESPONDENT: ABOOBACKER, S/O. PARAPPAN MAMMOKKAR, AREAKKODE AMSOM, NORTH KOZHAKKOTTUR DESOM. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 14.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

The appellants are the respondents in O.P.No.246 of 2004, on the file of the Family Court, Malappuram, which is one filed by the respondent herein, seeking partition of the petition schedule property. On 17.01.2008, this Court dismissed the appeal holding that the appellants did not challenge the preliminary decree dated 13.01.2006. Thereafter, appellants filed R.P.No.294 of 2008, seeking review of the judgment dated 17.01.2008 contending that the view taken by this Court is an error apparent on the face of

the record. The said review petition was allowed by the order

of this Court dated 09.11.2022 and the appeal was listed for hearing.

2. On 17.11.2022 and 30.11.2022, when this matter came up for consideration, the learned counsel for the appellants sought an adjournment.

3. Today, when this matter is taken up for

consideration, it is submitted by the learned counsel for the appellants that the appellants do not want to prosecute this appeal further and the same may be dismissed as withdrawn. In such circumstances, recording the submission made by the learned counsel for the appellants, this appeal is dismissed as withdrawn. ANIL K. NARENDRAN, JUDGE P.G. AJITHKUMAR, JUDGE MIN

Same Court & Year Kerala Orders · 2023 Same Parties Fathima & Others vs Aboobacker Same Judge Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice...