Thodiya Cheriya Muhammed vs Cheriya Parambil Kamala Raphel
2023 Latest Caselaw 1463 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MRS. JUSTICE M.R.ANITHA
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                          RSA NO. 519 OF 2006
     AGAINST THE JUDGMENT AND DECREE DATED 28.02.2006 IN A.S.
           NO.33/2003 OF ADDITIONAL SUB COURT-III, KOZHIKODE
     AGAINST THE JUDGMENT AND DECREE DATED 15.03.2002 IN O.S.
        NO.680/1997 OF ADDITIONAL MUNSIFF'S COURT, KOZHIKODE-II
APPELLANTS/RESPONDENTS/PLAINTIFFS:

    1        THODIYIL CHERIYA MUHAMMED,
             AGED 66 YEARS
             S/O.IMICHUTTIYAN, VALLODI NILAM,
             FEROKE AMSOM,, NALLUR DESOM,
             KOZHIKODE TALUK.
    2        THODIYIL FATHIMABI AGED 49 YEARS
             W/O.MUHAMMED, FEROKE AMSOM, NALLUR DESOM,
             KOZHIKODE TALUK.
             BY ADVS.
             SMT.PRABHA R.MENON
             SRI.M.KRISHNAKUMAR



RESPONDENTS/APPELLANTS/DEFENDANTS:

    1        CHERIYA PARAMBIL KAMALA RAPHEL
             AGED 43 YEARS, W/O.RAPHEL, PADINNARE PURAKKUTTY, NILAM,
             FEROKE AMSOM, NALLUR DESOM,, KOZHIKODE TALUK.
    2        CHERIYA PARAMBIL RAPHEL AGED 52 YEARS
             PADINNARE PURAKKUTTY NILAM, FEROKE AMSOM,, NALLUR
             DESOM, KOZHIKODE TALUK.
             BY ADVS.
             SMT.A.K.RANI
             SMT.M.J.SAJITHA
             SRI.P.F.THOMAS SR.
             SRI.C.S.YESUDAS
             SRI.SHIJU VARGHESE


     THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RSA No.519 of 2006
                                        2




                                  JUDGMENT

Dated this the 20th day of January, 2022

This appeal has been filed against the judgment and

decree in A.S No.33/2003 on the file of Sub Court, Kozhikode,

which arise out of judgment and decree in O.S No.680/2002 on

the file of Munsiff's Court-II, Kozhikode.

The learned counsel for the appellants filed memo to the

effect that the 1st appellant died 12 years ago. It is submitted

that the property has been transferred several times even

before the death of the 1 st appellant. Hence, the learned

counsel for the appellants seeks permission for dismissal of the

RSA for non prosecution, on the ground that the 1 st appellant's

legal heirs have not been impleaded. Memo recorded.

In the above circumstances, the R.S.A. stands abated.

All pending I.As stand closed.

Sd/-

M.R.ANITHA JUDGE

SMF