High Court Kerala High Court

Pathumma @ Kunhalu Umma vs Sainabha Umma on 5 September, 2008

Kerala High Court
Pathumma @ Kunhalu Umma vs Sainabha Umma on 5 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RSA.No. 513 of 2005()


1. PATHUMMA @ KUNHALU UMMA,
                      ...  Petitioner

                        Vs



1. SAINABHA UMMA,
                       ...       Respondent

2. JAMEELA, D/O. AHAMMED @ KUNHAN,

3. AYISHA,  -DO-   -DO-.

4. AHAMMED, S/O.   -DO-  -DO-.

5. HAMZA,   -DO-  -DO-.

6. YOUSUF,  -DO-  -DO-.

7. PATHUMMAKUTTY, D/O.  -DO- -DO-.

                For Petitioner  :SRI.G.SHRIKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :05/09/2008

 O R D E R
              K.P.BALACHANDRAN, J.
          ------------------------------------------------
                   R. S. A. No.513 of 2005
          ------------------------------------------------
          Dated this the 5th day of September, 2008

                         JUDGMENT

Counsel for the appellant submits that

till now he has not heard anything from the

appellant and that therefore, he can only

report no instructions in the matter. The

submission is recorded.

2. Appellant is absent. Even service of

notice is not effected on the respondents till

date. The appellant had been directed vide

order dt.29/07/08 to file affidavit swearing

to the present, correct and complete address

of all the respondents positively in three

weeks and it was further ordered that in case

of failure, this R.S.A shall stand dismissed.

Still the order was not complied with and on

26/08/08 counsel for the appellant was

reporting that despite registered letter

issued to the appellant, she has not turned

R. S. A. No.513 of 2005 -2-

up; that he is not sure as to whether the

matter has been settled between the parties

being a partition deed; and that a week’s time

be granted to him to ascertain the details. It

is in this background that the counsel has

reported that the appellant has not turned up

nor contacted him and so, he is unable to do

anything in this appeal so as to effect any

progress in this appeal.

3. In the result, I dismiss this R.S.A

for non-prosecution.

K.P.BALACHANDRAN,
JUDGE
kns/-