Safiya vs Nalakath Kozhisseri Muhammed
2021 Latest Caselaw 1514 Ker

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MFA(GWA).No.152 OF 2008

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                      &

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

   THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                         MFA(GWA).No.152 OF 2008

AGAINST THE ORDER/JUDGMENT IN OP(GUARDIAN) 47/2006 DATED 17-06-
               2008 OF DISTRICT COURT,PALAKKAD

APPELLANT/S:

                SAFIYA, W/O LATE NALAKATH KOZHISSERI KUNHALI,,
                PALLIYATHODI, VADASSERIPPURAM,, MANNARKAD TALUK,
                PALAKKAD DIST.

                BY ADVS.
                SRI.M.SASINDRAN
                SRI.M.V.BIPIN
RESPONDENT/S:

      1         NALAKATH KOZHISSERI MUHAMMED
                AGED 58 YEARS, S/O KUNHEEN,, VADASSERIPPURAM,
                MANNARKAD TALUK,, PALAKKAD DISTRICT.

      2         PATHUMMA HAJJUMMA, AGED 62 YEARS, D/O LATE
                KUNHEEN,, NALAKATH KOZHISSERI, VADASSERIPPURAM,,
                MANNARKAD TALUK, PALAKKAD DISTRICT.

      3         AYISHA UMMA AGED 58 YEARS
                D/O LATE KUNHEEN, NALAKATH KOZHISSERI,,
                VADASSERIPPURAM, MANNARKAD TALUK,, PALAKKAD
                DISTRICT.

      4         BIYYUNNI AMMA, AGED 55 YEARS, D/O LATE KUNHEEN,,
                NALAKATH KOZHISSERI, VADASSERIPPURAM,, MANARKAD
                TALUK,, PALAKKAD DISTRICT.

                                         D/O LATE KUNHEEN,,
                PATHUNNI UMMA, AGED 41 YEARS,
      5.        NALAKATH KOZHISSERI, VADASSERIPPURAM,, MANARKAD
                TALUK,, PALAKKAD DISTRICT.


     THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MFA(GWA).No.152 OF 2008




          A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
             ======================
                MFA (GWA) No.152 of 2008
             ======================
          Dated this the 14th day of January, 2021.

                           JUDGMENT

C.S.DIAS, J.

The appellant was the petitioner in O.P (Guardian)

No.47/2006 of the District Court, Palakkad. The

respondents in the appeal were the respondents in the

original petition.

2. Being aggrieved by the order passed by the District

Court in refusing the prayer of the appellant to sell the

share of her minor child Muhammed Niyas N.K, the

appellant has filed the appeal.

3. Admittedly, Muhammed Niyas was born on

21.5.2002. He has now attained majority. Therefore,

Muhammed Niyas is no longer governed by the provisions of

the Guardian and Wards Act, 1890. Hence, nothing further

survives in the appeal.

MFA(GWA).No.152 OF 2008

Resultantly, the appeal is dismissed as infructuous due

to the fact that Muhammed Niyas has attained majority. All

Pending Interlocutory Applications are also dismissed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                        C.S.DIAS

SKS/14.1.2021                            JUDGE