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2025 Supreme(Online)(Ker) 53057

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
SABEEDA BEEVI – Appellant
Versus
NAZEEMA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.R.RAJESH, SMT.SANDHYA E.S
For the Respondents: SRI.A.CHANDRA BABU, SMT.GEETHA JOB(OZHUKAYIL), SHRI.S.JAYAKRISHNAN (VARKALA), SMT.S.V.HARITHA, SHRI.R.SANTHOSH MAHADEVAN, SRI.C.R.VIJAYAKUMARAN PILLAI

JUDGMENT

The orders passed by the Sub Court, Attingal on 01.11.2014 in I.A No.247/2012 and 248/2012 in A.S No.25/1989 are under challenge in this Original Petition filed under Article 227 of the Constitution of India by the additional second appellant in that case.

2. The petitioner and her sister, one Shanavas, were said to have been prosecuting A.S No.25/1989 before the Sub Court, Attingal, after the death of their mother Rehuma Beevi. According to the petitioner, her sister Shanavas was taking care of the aforesaid litigation, and she was under the impression that her sister had been doing all that were required for the proper and e ffective conduct of that appeal. It is further stated that the petitioner’s sister died during the year 2007, and that it was only in the year 2012 that she was able to contact the counsel who had been conducting the appeal under the instructions of her sister. Thus, it is stated that the petitioner came to know only on 17.01.2012 that the above appeal had been dismissed for default on 28.07.1994. Thereupon, the petitioner filed I.A No.247/2012 for the restoration of the appeal, and I .A No.248/2012 for the condonation of delay of 6375 days in filing

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