Jameela Beevi vs Subeeda Beevi Rawther
2024 Latest Caselaw 33323 Ker

Citation : 2024 Latest Caselaw 33323 Ker
Judgement Date : 15 November, 2024

Kerala High Court

Jameela Beevi vs Subeeda Beevi Rawther on 15 November, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
        Friday, the 15th day of November 2024 / 24th Karthika, 1946
                    MJC NO. 158 OF 2020 IN RSA 521/2009

        AS.NO.54/2004 OF THE I ADDITIONAL DISTRICT COURT, PALAKKAD

              OS.NO.276/1992 OF THE MUNSIFF COURT, CHITTUR.

PETITIONRES/APPELLANTS 1,3 TO 8:

  1. JAMEELA BEEVI W/O.LATE ABDUL RAHIMAN,
  2. K.A.RAHMATHULLA, S/O.LATE ABDUL RAHIMAN,
  3. SAKEER HUSSAIN A., S/O.LATE ABDUL RAHIMAN,
  4. LAILAMMA, D/O.LATE ABDUL RAHIMAN,
  5. RAFEEK, S/O.LATE ABDUL RAHIMAN,
  6. SAKEELA, D/O.LATE ABDUL RAHIMAN,
  7. THAJUNEESA, D/O.LATE ABDUL RAHIMAN, ALL ARE RESIDING AT
     KAMBRATHUCHALLA,, MUTHALAMADA AMSOM, CHITTUR TALUK, PALAKKAD
     DISTRICT.

RESPONDENTS/RESPONDENTS:

  1. SUBEEDA BEEVI, W/O.MUHAMMED YOUSUFF ROWTHER, RESIDING AT
     POTHENPADAM, MUTHALAMADA AMSOM, CHITTUR TALUK, NOW, RESIDING AT
     KARUVAPARA, KOZHINJAMPARA VILLAGE,, CHITTUR TALUK, BY MUKTHIAR AGENT
     MUHAMMED YOUSUF ROWTHER, S/O MUHAMMED ROWTHER, RESIDING AT
     KARUVAPARA, KOZHINJAMPARA VILLAGE, CHITTUR TALUK, PALAKKAD DSTRICT.
  2. THE SECRETARY, GRAMA PANCHAYATH, MUTHALAMADA, PALAKKAD DISTRICT.
  3. THE PRESIDENT, GRAMA PANCHAYATH, MUTHALAMADA, PALAKKAD DISTRICT.


     Miscellaneous jurisdiction case praying that in the circumstances
stated in the affidavit filed therewith the High Court be pleased to set
aside the order dismissing the Regular Second Appeal and restore the same
to file, in the interest of justice.

     This Miscellaneous jurisdiction case coming on for orders upon
perusing the application and the affidavit filed in support thereof and
this court's judgment dated 24.10.2019 in RSA, and upon hearing the
arguments of SRI.T.C.SURESH MENON, SRI.P.S.APPU, Advocates for the
petitioners and of SRI. T.SETHUMADHAVAN, Senior Advocate along with
M/S.K.DEEPA (PAYYANUR), DEEPA NARAYANAN, K.SUJAI SATHIAN, PREETHI. P.V.,
MARY LIYA SABU, AISWARYA S. ASHOKAN, NEERAJ KRISHNA KUMAR, Advocates for
the respondent 1, the court passed the following:
                                   M.A.ABDUL HAKHIM, J.
                                 -------------------------------------
                        C.M.Appln.No.1 of 2020 in M.J.C.No.158 of 2020,
                         M.J.C.No.158 of 2020 in R.S.A.No.521 of 2009
                                                 and
                                      R.S.A.No.521 of 2009
                                --------------------------------------
                           Dated this the 15th day of November, 2024

                                              ORDER

1) The M.J.C. is filed with a petition to condone delay of 376

days. Thereafter, the applicants have filed an additional

affidavit stating that, if the period directed to be excluded by

the Hon'ble Apex Court with respect to the COVID-19

pandemic period is calculated, the actual delay is only 112

days.

2) The respondents submitted that they have no objection

in allowing the petition.

3) Accordingly, the delay is condoned and the MJC is

allowed and the Appeal is restored to file.

Sd/-

M.A.ABDUL HAKHIM JUDGE Shg