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