Kerala High Court
Mukkath Marakkar Haji vs Ahammedkutty Haji(Died) on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
RFA.No.397 OF 2008(Y)
AGAINST THE JUDGMENT IN OS No.64/2002 DATED 14-02-2007 OF
SUBORDINATE JUDGE'S COURT, MANJERI
APPELLANT/DEFENDANT:
MUKKATH MARAKKAR HAJI,
S/O.MUHAMMED HAJI, PALATHINGAL, THIRURANGADI TALUK.
BY ADVS.
SMT.MEENA.A.
SRI.VINOD RAVINDRANATH
SMT.M.R.MINI
SRI.K.C.KIRAN
SRI.M.DEVESH
RESPONDENTS/PLAINTIFF:
1 AHAMMEDKUTTY HAJI(DIED)
S/O.PALAMADATHIL KOTTIYATTU ALASSANKUTTY, CHERUR
AMSOM DESOM, THIRURANGADI TALUK, MALAPPURAM DISTRICT.
2 THELATH KHADEEJA,
AGED 68, 2ND W/O.LATE AHAMMEDKUTTY HAJI, KOTTIYATT
HOUSE, CHETTOOR P.O. VIA VENGARA, MALAPPURAM,
PIN 676 304.
3 SUHARA,
AGED 62, D/O.LATE AHAMMEDKUTTY HAJI, KOTTIYATT HOUSE,
CHETTOOR P.O. VIA VENGARA, MALAPPURAM, PIN 676 304.
4 SULAIKA,
AGED 60, D/O.LATE AHAMMEDKUTTY HAJI, KOTTIYATT HOUSE,
CHETTOOR P.O. VIA VENGARA, MALAPPURAM, PIN 676 304.
5 ALI,
AGED 58, S/O.LATE AHAMMEDKUTTY HAJI, KOTTIYATT HOUSE,
CHETTOOR P.O. VIA VENGARA, MALAPPURAM, PIN 676 304.
6 MUHAMMAD MUSTHAFA,
AGED 54, S/O.LATE AHAMMEDKUTTY HAJI, KOTTIYATT HOUSE,
CHETTOOR P.O. VIA VENGARA, MALAPPURAM, PIN 676 304.
RFA.Nos.397/2008&582/2007 2
7 MUHAMMAD HANEEFA,
AGED 62, S/O.LATE AHAMMEDKUTTY HAJI, KOTTIYATT
HOUSE, CHETTOOR P.O. VIA VENGARA, MALAPPURAM,
PIN 676 304.
8 MUHAMMD RAFEEQ
AGED 62, S/O.LATE AHAMMEDKUTTY HAJI, KOTTIYATT
HOUSE, CHETTOOR P.O. VIA VENGARA, MALAPPURAM,
PIN 676 304.
THE LRS OF THE DECEASED SOLE RESPONDENT ARE
IMPLEADED AS ADDL.R2 TO R8 VIDE ORDER DATED
10.6.2020 IN IA 1/2020.
R1-8 BY ADV. SRI.R.RAJESH KORMATH
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
11.02.2021, ALONG WITH RFA.582/2007, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RFA.Nos.397/2008&582/2007 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
RFA.No.582 OF 2007
AGAINST THE JUDGMENT IN OS NO.63/2002 DATED 14-02-2007 OF
SUBORDINATE JUDGE'S COURT, MANJERI
APPELLANT/DEFENDANT:
MUKKATH MARAKKAR HAJI,
S/O.MUHAMMED HAJI, PALATHINGAL, THIRURANGADI TALUK.
BY ADVS.
SMT.MEENA.A.
SRI.VINOD RAVINDRANATH
SMT.M.R.MINI
SRI.K.C.KIRAN
SRI.M.DEVESH
RESPONDENTS/SUPPLEMENTAL PLAINTIFFS 2 TO 10:
1 CHETTIYAR THODIKA KUNHEEDU HAJI'S CHILDREN
C.T.KADEEJA, THIRURANGADI AMSOM AND DESOM,
THIRURANGADI TALUK.
2 CHETTIYAR THODIKA MOIDEEN,
S/O.C.T.KADEEJA, -DO-, -DO-.
3 CHETTIYAR THODIKA AHAMMED,
S/O.C.T.KADEEJA, -DO-, -DO-.
4 CHETTIYAR THODIKA PATHUMMA,
D/O.C.T.KADEEJA, -DO-, -DO-.
5 CHETTIYAR THODIKA ALAVIKUTTY,
S/O.C.T.KADEEJA, -DO-, -DO-.
6 CHETTIYAR THODIKA HAMZAKUTTY,
S/O.C.T.KADEEJA, -DO-, -DO-.
7 CHETTIYAR THODIKA RASIYA,
D/O.C.T.KADEEJA, -DO-, -DO-.
RFA.Nos.397/2008&582/2007 4
8 CHETTIYAR THODIKA GAFOOR,
S/O.C.T.KADEEJA, -DO-, -DO-.
9 CHETTIYAR THODIKA HANEEFA, VENGARA,
BY MUKTHYAR AGENT C.T.SAINAL ABIDDEEN,,
S/O.C.T.MOIDEEN, THIRURANGADI TALUK, VENGARA AMSOM
DESOM, MALAPPURAM DISTRICT.
BY ADVS. SMT.M.C.BINDUMOL
SRI.K.RAMACHANDRAN
SRI.S.SREEDEV
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON
11.02.2021, ALONG WITH RFA.397/2008(Y), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
RFA.Nos.397/2008&582/2007 5
JUDGMENT
[ RFA.397/2008, RFA.582/2007 ]
Dated this the 11th day of February, 2021
The parties have amicably settled the issues involved in the
appeal in a mediation process attended by them before the Kerala
state Mediation and Conciliation Centre, functioning at High Court of
Kerala. The Memorandum of Settlement executed under Section 89 of
the Code of Civil Procedure Read with Rules 24 and 25 of the Civil
Procedure (Alternative Dispute Resolution) Rules 2008 is produced
before this Court.
It is found that all the parties and respective counsel have signed
the Memorandum of Agreement. In the above circumstances, R.F.A
stands disposed of in terms of the Memorandum of Agreement
produced before this Court, which shall form part of this judgment.
Court fee paid shall be refunded to the appellants in the
respective appeals.
Sd/-
MARY JOSEPH
JUDGE
JJ
