IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 MFA.No. 5 of 2010() ------------------- OPGW.79/2009 of DISTRICT COURT, THALASSERY .................... APPELLANT(S): PETITIONER:- ----------------------------------------- UMMUL FAIZA M.V., W/O.LATE ABDUL KAREEM C.P., AGED 50 YEARS, NO OCCUPATION, NEAR KAYYANKODE JUMA MASJID, P.O.CHELERI, KANNUR - 670 604. CHELERI AMSOM, NOONCHERI DESOM, TALIPARAMBU TAULUK, KANNUR DT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.T.PRAVEEN RESPONDENT(S):- ------------------------ THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. = = = = = = = = = = = M.F.A.No. 5 of 2010. = = = = = = = = = = = Dated this the 5th day of March, 2010. J U D G M E N T Thottathil B.Radhakrishnan, J. Appellant, the petitioner in OP (G & W) No.79 of 2009 before the District Court, Thalassery, wanted an order for guardianship of the person and property of her minor son Majid M.V., whose father is no more. The minor has a brother and two sisters, all majors. Therefore, the first thing is that the OP could have been considered only with those siblings of the minor also on the array, they being persons entitled to be heard in relation to the welfare of the minor. Under such circumstances, the impugned order dismissing the OP would not stand in the way of a proper petition with necessary parties on the array. In the result, we dismiss this appeal clarifying that the petitioner will be entitled to file a fresh application before M.F.A.No. 5 of 2010. -: 2 :- the court below, in accordance with law, with all necessary parties. The findings rendered in the impugned order will not in any way bind the parties in such proceedings. Sd/- THOTTATHIL B.RADHAKRISHNAN (JUDGE) Sd/- P.S.GOPINATHAN (JUDGE) Kvs/- ( true copy )