Kerala High Court
Mumtaz Mohammed Shal vs Sakeena P.K on 5 June, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:39699
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947
RP NO. 312 OF 2025
AGAINST THE JUDGMENT IN WP(C) NO.32654 OF 2024 OF HIGH COURT OF
KERALA
REVIEW PETITIONERS:
1 MUMTAZ MOHAMMED SHAL,
AGED 59 YEARS
W/O. LATE BEKAL MOHAMMED SHALI, RESIDING AT SALSABEEL,
BEKAL, PALLIKKARA P.O., KASARGOD DISTRICT,
PRESENTLY RESIDING AT 117 BEIRUT BLVD, AL MESSILAH COMPOUND,
AL RAYYAN QATAR, DOHA QATAR, P.O. BOX 15054, PIN - 671316
2 JAFNATH BEEBI,
AGED 40 YEARS
D/O. LATE BEKAL MOHAMMED SHALI, RESIDING AT SALSABEEL,
BEKAL, PALLIKKARA P.O., KASARGOD DISTRICT-
PRESENTLY RESIDING AT 117 BEIRUT BLVD, AL MESSILAH COMPOUND,
AL RAYYAN QATAR, DOHA QATAR, P.O. BOX 15054, PIN - 671316
3 B. ABDULLA,
AGED 70 YEARS
S/O.EDNEER ABDUL RAHIMAN, RESIDING AT MOULAKIRIYATH MANZIL,
PALLIKKARA P.O., KASARGOD DISTRICT, PIN - 671316
4 ABDUL KADHER BEKAL,
AGED 69 YEARS
S/O.EDNEER ABDUL RAHIMAN, RESIDING AT MOULAKIRIYATH MANZIL,
PALLIKKARA P.O., KASARGOD DISTRICT, PIN - 671318
5 HUSSAIN BEKAL,
AGED 61 YEARS
S/O.EDNEER ABDUL RAHIMAN, RESIDING AT MOULAKIRIYATH MANZIL,
PALLIKKARA P.O., KASARGOD DISTRICT, .
NOW RESIDING AT APARTMENT A1MUSHEREIB 7, BUILDING NO: 61, ZONE
13, STREET 810PO BOX- 15054, DOHA QATAR, PIN - 671318
6 BEEFATHIMA,
AGED 60 YEARS
W/O. KUNHAMU, RESIDING AT THAMARAKUZHI HOUSE,
MANGADU, THAMARAKUZHI, BARE P.O., KASARGOD DISTRICT,
PIN - 671719
7 ABBAS B,
AGED 57 YEARS
R.P.No.312 of 2025
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S/O.EDNEER ABDUL RAHIMAN, RESIDING AT MOULAKIRIYATH MANZIL,
PALLIKKARA P.O., KASARGOD DISTRICT, PIN - 671318
8 BEKAL ISMAIL,
AGED 55 YEARS
S/O.EDNEER ABDUL RAHIMAN,
RESIDING AT MOULAKIRIYATH MANZIL, PALLIKKARA P.O., KASARGOD
DISTRICT, NOW RESIDING AT MUSHEREIB APARTMENT 3 BUILDING NO:
18, ZONE 13, STREET 865, DOHA QATAR, PIN - 671318
9 AYISHA,
AGED 54 YEARS
W/O. ABDUL RAHIMAN, RESIDING AT PALAKKI HOUSE,
ATHINHAL, AJANUR, MANIKKOTH, HOSDURG, KASARGOD DISTIRCT,
PIN - 671316
BY ADVS.
SHRI.HARISH R. MENON
SRI.K.T.SHYAMKUMAR
SRI.A.G.PRASANTH
SMT.K.N.ABHA
SMT.ALEENA SEBASTIAN
SMT.FATHIMA HASHIM
RESPONDENTS:
1 SAKEENA P.K.,
AGED 53 YEARS
W/O. LATE BEKAL MUHAMMED SHALI @ MUHAMMED SHALI,
SUNDIKOPPA, ULUGULI VILLAGE, SOMAVARPETTA TALUK, KODAGU
DISTRICT, KARNATAKA,
(STATUS OF THE PARTY AS W/O.LATE BEKAL MUHAMMED SHALI IS NOT
ADMITTED BY THE REVIEW PETITIONERS), PIN - 571327
2 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE TAHSILDAR,
MINI CIVIL STATION, HOSDURG, KANHANGAD,
PIN - 671315
R.P.No.312 of 2025
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4 THE VILLAGE OFFICER,
VILLAGE OFFICE, PALLIKKARA, KASARGOD,
PIN - 671317
BY ADVS.
M.P. PRASANTH, PUBLIC PROSECUTOR
SRI.P.E.SAJAL
SHRI.MUHAMMED HISHAM T.
SMT.FATHIMA RINSHA T.P.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 05.06.2025, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.No.312 of 2025
2025:KER:39699
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ORDER
Dated this the 05th day of June, 2025
This Review Petition is filed pointing out that the
omission to note the crucial fact that deceased Bekal
Muhammed Shali had other legal heirs, including wife
and daughter, has resulted in the judgment being
vitiated by an apparent error.
2. Although learned Counsel for the writ petitioner
contended that the judgment warrants no interference
since direction in the judgment is only to consider the
Legal Heirship Certificate, learned Counsel for the
review petitioners submitted that his clients have a
definite case that the writ petitioner is not the legally
wedded wife of the deceased Bekal Muhammed Shali.
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3. The above submission is stoutly opposed by
the writ petitioner's Counsel, who contended that his
client is the second wife of Bekal Muhammed Shali.
4. Having heard both sides, I am of the opinion
that, the direction having been issued without hearing
the other legal heirs, the judgment ought to be
recalled.
The Review Petition is hence allowed and the
judgment dated 13.09.2024 is recalled. Post as per
roster on 12.06.2025.
Sd/-
V.G.ARUN
JUDGE
NB/5-6
2025:KER:39699
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE SPONSORSHIP DECLARATION
SUBMITTED BY SHRI. BEKAL MOHAMMED SHALI BEFORE
THE EMBASSY OF INDIA, DOHA QATAR DATED 25/03/1985
ANNEXURE B TRUE COPY OF THE SPONSORSHIP DECLARATION
SUBMITTED BY SHRI BEKAL MOHAMMED SHALI BEFORE THE
INDIAN EMBASSY DOHA QATAR DATED 21/12/1986
ANNEXURE C TRUE COPY OF THE NO OBJECTION CERTIFICATE (FOR
RESIDENCE) ISSUED BY MINISTRY OF INTERIOR DATED
11/12/1986
ANNEXURE D THE TRUE COPY OF THE MARRIAGE
CERTIFICATE,EVIDENCING MARRIAGE BETWEEN DECEASED
BEKAL MOHAMMED SHALI AND 1ST PETITIONER HEREIN
DATED 18/2/1985,ISSUED BY ADINHAL MUSLIM JAMA-ATH
COMMITTE
ANNEXURE E THE TRUE COPY OF THE SWORN STATEMENT DATED
20/11/1986, SUBMITTED BY DECEASED BEKAL MOHAMMED
SHALI BEFORE THE EMBASSY OF INDIA
ANNEXURE F TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE
ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS, DATED
25/7/1985
ANNEXURE G TRUE COPY OF THE BIRTH CERTIFICATE OF 2ND
PETITIONER, ISSUED BY KANHANGAD MUNICIPALITY
DATED 26.6
ANNEXURE H TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONERS FOR LEGAL HEIRSHIP CERTIFICATE DATED
4.9.2024
ANNEXURE I TRUE COPY OF THE RECEIPT DATED 29/07/2024
ANNEXURE J TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT ON
THE APPLICATION FOR LEGAL HEIRSHIP CERTIFICATE
ANNEXURE K TRUE COPY OF THE DEATH CERTIFICATE OF SHRI BEKAL
MOHAMMED SHALI DATED 7/07/2024, ISSUED BY THE
PUBLIC HEALTH DEPARTMENT, DOHA QATAR
TRUE COPY
P.A. TO JUDGE
