IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 FAO.No. 114 of 2010() ------------------------------- OP.9/2009 of II ADDL. DISTRICT COURT, TRIVANDRUM .................... APPELLANT/PETITIONERS 1 TO 3 ------------------------------------------------ 1. PEERUKANNU, AGED 46 YEARS, SON OF IBRAHIM, MARAKKAMVILAKOM, PUTHUKURICHY.P.O.,THIRUVANANTHAPURAM. 2. SAJEENA.K., AGED 32 YEARS, DAUGHTER OF KHASIM, SAJEENA MANZIL, PUTHUKURICHY.P.O. THIRUVANANTHAPURAM. 3. MUHAMMED BASHEER, AGED 66 YEARS, MAGARIB HOUSE, KADUVAKUZHY, ARYANADU.P.O. 4. U.P.NEPOLIAN,(4TH PETITIONER EXPIRED DURING THE PENDENCY OF THE CASE) BY ADVS. SRI.M.RAJASEKHARAN NAYAR SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER SMT.BEENA DEVASSY RESPONDENT(S): RESPONDENT --------------------------------------------- 1. RAMLATH MEMORIAL CHARITABLE TRUST, SIMI MAHAL, PUTHUKURICHY.P.O., THIRUVANANTHAPURAM. REPRESENTED BY ASUMA BEEVI @ ASMA BEEVI, AGED 39 YEARS, D/O. ABDUL RAHMAN, 2ND FLOOR,A J APARTMENTS KAZHAKUTTOM VILLAGE, KAZHAKUTTOM.P.O., THIRUVANANTHAPURAM-82. 2. SOFIA BEEVI,AGED 65 YEARS,THONALL VEEDU, KASHAKUTTOM.P.O., THIRUVANANTHAPURAM. tss F.A.O. NO.114/2010 3. ASUMA BEEVI @ ASMA BEEVI, AGED 39 YEARS, D/O. ABDUL RAHMAN 2ND FLOOR, A.J.APARTMENTS, KAZHAAKUTTOM VILLAGE, KAZHAKUTTOM.P.O. THIRUVANANTHAPURAM-82 4. USMAN KOYA, AGED 29 YEARS, S/O. ABDUL RAHMAN, 1ST FLOOR, A J APARTMENTS, KAZHAKUTTOM VILLAGE, KAZHAKUTTOM.P.O., THIRUVANANTHAPURAM-82. 5. SUMA JABBAR (MINOR), AGED 9 YEARS, D/O. MOHAMMED ANDUL JABBAR, REPRESENTED BY GUARDIAN-MOTHER, ASUMA BEEVI, 2ND FLOOR, A.JAPARTMENTS, KAZHAAKUTTOM VILLAGE, KAZHAKUTTOM.P.O.,THIRUVANANTHAPURAM-82. 6. SIMI JABBAR (MINOR), AGED 6 YEARS, D/O. MOHAMMED ANDUR JABBAR, REPRESENTED BY GUARDIAN-MOTHER, ASUMA BEEVI, 2ND FLOOR, A.J.APARTMENTS, KAZHAAKUTTOM VILLAGE, KAZHAKUTTOM P.O,THIRUVANANTHAPURAM-82. R1,3,4 BY ADVS. SRI.P.GOPALAKRISHNAN NAIR, SRI.A.ABDUL KHARIM . THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = F.A.O.No.114 of 2010 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of March, 2011. Judgment Thottathil B.Radhakrishnan, J. Learned counsel for the appellants says that he may be permitted to withdraw this first appeal without prejudice to contentions and with leave to file a matter de novo, if so advised. Leave granted. Appeal is dismissed as withdrawn. Sd/- Thottathil B.Radhakrishnan, Judge. Sd/- S.S.Satheesachandran, Judge. Sha/2303 -true copy- P.S.to Judge.