Kerala High Court
Mathilkada Nallai Thangakoya vs Mathilkadanallai Sayed Mohammed Koya on 12 April, 2024
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 2
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, MOTHER
R.F.A.No.86 of 2004 3
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 4
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 ISLAND
33 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 ISLAND
38 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 5
40 MATHILKADANALLAL MUNSIR
AGED 8 YEARS (MINOR) REPRESENTED BY HER MOTHER,
AND GUARDIAN 34TH DEFENDANT BEEBI, KALPENI
ISLAND.
41 MATHILKADANALLAL MOHAMMEDNAGASH
AGED 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
THE
42 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 6
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