Kerala High Court
C.V.Mamu vs Nabeesu Kovval on 14 January, 2021
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MFA.No.122 OF 2010
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.No.122 OF 2010
AGAINST THE ORDER/JUDGMENT IN OPGW 321/2009 OF DISTRICT
JUDGE,THALASSERY DATED 25.2.2010
APPELLANT/S:
1 C.V.MAMU, S/O.C.V.PAKKER
AGED 80, KINAKOOL VAYALIPATH HOUSE,, IRIKUR AMSOM
DESOM.
2 K.V.SUHARA, W/O.C.V.MAMU
AGED 70, KINAKOOL VAYALIPATH HOUSE,, IRIKUR AMSOM
DESOM.
3 K.V.ABDUL NAZAR, S/O.C.V.MAMU
AGED 48, KINAKOOL VAYALIPATH HOUSE,, IRIKUR AMSOM
DESOM.
BY ADVS.
SMT.K.K.CHANDRALEKHA
SRI.GOPAKUMAR G. (ALUVA)
RESPONDENT/S:
1 NABEESU KOVVAL, W/O LATE KUNHALI
THELUPIL HOUSE, KARA PERAVOOR,, PAZHASSI AMSOM,
KARA DESOM, P.O.KARA PERAVOOR,, THALASSERY TALUK.
2 ABDULLA KAVVAL, S/O.LATE NURUDHEEN
PULLANTHOTTATHIL HOUSE, PAZHASSI AMSOM,, KARA
DESOM, P.O.KARA PERAVOOR,, THALASSERY TALUK.
3 KOVVAL NASEEMA, D/O.LATE KUNHALI
THELUPIL HOUSE, KEEZHALLUR AMSOM,, PERAVOOR DESOM,
P.O.KARA PERAVOOR,, THALASSERY TALUK.
R1-3 BY ADV. SRI.C.P.PEETHAMBARAN
THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON
14.1.2021 THE COURT ON 14-01-2021 DELIVERED THE FOLLOWING:
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MFA.No.122 OF 2010
A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
======================
MFA (G&W) No.122 of 2010
======================
Dated this the 14th day of January, 2021.
JUDGMENT
C.S.DIAS, J.
The appellants were third parties to OP (G&W)
321/2009 of the Court of the District Judge, Thalassery. The
respondents in the appeal were the petitioner and
respondents in the original petition.
2. Being aggrieved by the order passed by the Court
of the District Judge, appointing the first respondent as the
guardian of the person and property of the minors Najiya
Najeeb and Nafiya Najeeb born on 17.11.2000 and
26.8.2003 respectively, the appellants have filed the appeal.
3. The first respondent was also permitted to dispose
of the minors' share in the petition schedule properties or
any portion thereof in favour of the Government through
negotiation for the purpose of the proposed airport at
MFA.No.122 OF 2010
Mattannur and receive the sale consideration for and on
behalf of the minors and deposit the same in fixed deposit.
Undisputedly, Najiya Najeeb has attained majority. Nafiya
Najeeb is only a few months away from attaining majority.
Though the order was stayed for a period of one month as
early as on 7.7.2010, the same was not thereafter extended.
4. In light of the fact that the older child has attained
majority, and that the younger child is only a few months away
from attaining majority, at this distance of time, we do not find
anything further survives in the appeal. Hence, the appeal is
dismissed. All pending Interlocutory Applications are also
dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
C.S.DIAS
SKS/14.1.2021 JUDGE
