B.C.Abdurahiman vs P.V.Abdul Khader
2021 Latest Caselaw 14689 Ker

RSA No.1010/2019                               1/2

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                            THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
                   Wednesday, the 14th day of July 2021 / 23rd Ashadha, 1943
                                      RSA NO. 1010 OF 2019

              OS 434/2013 OF I ADDITIONAL SUB COURT, KOZHIKODE, KOZHIKODE

                    AS 85/2018 OF ADDITIONAL DISTRICT COURT IV, KOZHIKODE

   SECOND APPELLANT/APPELLANT/1ST DEFENDANT:

          B.C.ABDURAHIMAN S/O. AHAMMED, AGED 79 YEARS, GENERAL SECRETARY, JAM
          IYYATHU ATHBAY NAKSHA BANDHIYA, REG. NO.37/1983, KOZHIKODE,
          KIZHAKKOTH AMSOM, KODUVALLY DESOM, THAMARASSERY TALUK.

        BY ADVS.SRI.S.SREEKUMAR, Senior Advocate
        M/S.P.MARTIN JOSE,P.PRIJITH,THOMAS P.KURUVILLA,AJAY BEN JOSE,MANJUNATH
        MENON,HARIKRISHNAN S.
   RESPONDENTS/RESPONDENTS/PLAINTIFFS 1 TO 6 & 8 AND LEGAL HEIR OF 7TH PLAINTIFF
   AND DEFENDANTS 2 TO 8:

      1. P.V.ABDUL KHADER, AGED 57 YEARS S/O. AHAMMED KOYA THANGAL, RESIDING
         AT AKITHAZHAKATH HOUSE, KIZHAKKOTH AMSOM, KODUVALLY DESOM,
         THAMARASSERY TALUK, PIN - 673 572.
      2. SUHARA C., AGED 66 YEARS D/O. C. SEETHI, CHERAYAKATTU HOUSE, 5/976A,
         KATCHERI AMSOM, DESOM, KOZHIKODE TALUK, PIN - 673502.
      3. C. MARIYAM, AGED 60 YEARS D/O. C. SEETHI, PLOT NO.12, CHERROTTY
         NAGAR HOUSING COLONY, PUTHIYARA POST, KASABA AMSOM, DESOM, KOZHIKODE
         TALUK, PIN - 673004.
      4. SALIKATH. C., AGED 55 YEARS D/O. SEETHI, CHERAYAKATTU HOUSE,
         KATCHERI AMSOM, DESOM, KOZHIKODE TALUK, PIN - 673502.
      5. KHAMARUNNISA C, AGED 53 YEARS D/O. SEETHI, CHERAYAKATTU HOUSE,
         RESIDING AT 5/976A, KATCHERI AMSOM DESOM, KOZHIKODE TALUK, PIN -
         673502.
      6. HASHIM C., AGED 47 YEARS S/O. SEETHI, CHERAYAKATTU HOUSE, KATCHERI
         AMSOM, DESOM, KOZHIKODE TALUK, PIN - 673502.
      7. FIJUL KOMU, AGED 41 YEARS S/O. A. KOMU, PLOT NO.12, CHERROTTY NAGAR
         HOUSING COLONY, PUTHIYARA POST, KASABA AMSOM, DESOM, KOZHIKODE
         TALUK, PIN - 673004.
      8. DR. JAYAFER SADIQUE, AGED 61 YEARS, CHERYAKATH, S/O. C. SEETHI,
         SWATHI HOUSE, POST FEROKE COLLEGE, KARINKALLAYI AMSOM AND DESOM,
         KOZHIKODE TALUK, PIN - 673632.
      9. C. JASMINE, AGED 41 YEARS, W/O. SHAHUL HAMEED, THADATHIL HOUSE,
         ABDUREHIMAN NAGAR, AIRPORT ROAD, KOLAPPURAM, MALAPPURAM DISTRICT,
         PIN - 676 306.
     10. P. V. KADEEJA BEEVI, AGED 70 YEARS, D/O. SAYYID HASSAN THANGAL,
         ADUKKATH, KANDIYIL HOUSE, KIZHAKOTH POST, KUZHIKOTH AMSOM, DESOM,
         KODUVALLY, THAMARASSERY TALUK, PIN - 673 572.
     11. P. V. SUBAIDA, AGED 61 YEARS, D/O. SAYYID HASSAN THANGAL, MADAVOOR
         AMSOM DESOM, KODUVALLY, THAMARASSERY TALUK, PIN - 673 572.
 RSA No.1010/2019                                   2/2

     12. V. SAYYID ASHRAF, AGED 57 YEARS, S/O. SAYYID HASSAN THANGAL, SUNAM
         KACHERIKUNNU, THAMARASSERY TALUK, PIN - 673 574.
     13. P. V. BASHEER, AGED 55 YEARS, S/O. SAYYID HASSAN THANGAL, NEST,
         KAVILUMARUM, KIZHAKOTH AMSOM, DESOM, KODUVALLY, THAMARASSERY TALUK,
         PIN - 673 572.
     14. P. V. SHAHUL HAMMED, AGED 54 YEARS, S/O. SAYYID HASSAN THANGAL,
         PUTHERI VEETTIL (H), KIZHAKOTH AMSOM, DESOM, KODUVALLY, THAMARASSERY
         TALUK, PIN - 673 572.
     15. P. V. ABDUL RAZAK, AGED 66 YEARS, S/O. P. V.S.H. THANGL, EDAPPADAHIL
         HOUSE, KIZHAKKOTH AMSOM, DESOM, KODUVALLY, THAMARASSERY TALUK,
         KOZHIKODE DISTRICT, PIN - 673 572.

        R1 to R4 & R6 & R7 BY ADVS.M/S.A.KOMU,T.B.SIVAPRASAD
        R9 TO R15 BY ADVS. M/S. ANEESH JAMES,SIDHARTHAN P.K
        R8 BY ADV. S. VAIDYANATHAN.
        This Regular second appeal having come up for orders on 14.07.2021,
   the court on the same day passed the following:
                                      ORDER

This appeal is directed against the judgment and decree dated 03.07.2019 in AS.NO.85/2018 of the Addl.District Court-IV, Kozhikode, arising from the judgment and decree dated 23.02.2018 in OS.No.434/2013 of the Ist Addl.Sub Court, Kozhikode. The Ist Addl.Sub Court, Kozhikode decided OS.No.434/2013 along with OS.No.535/2010 and a common judgment was pronounced on 23.02.2018. It was pointed out that when the first appeal was decided, two more appeals were pending challenging the common judgment and decree in AS.No.201/2018 and AS.No.12/2019. However,AS.No.85/2018 was decided by the first appellate court. Hence, this appeal was filed challenging the procedural irregularity as well as touching the merits of the case.

Heard. Reserved.

Sd/-

                                                                 N.ANIL KUMAR


                                                                    JUDGE




14-07-2021                           /True Copy/                                     Assistant Registrar