Kerala High Court
Shahul Hameed vs Pathumma on 12 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
FAO (RO) NO. 11 OF 2023
AGAINST THE COMMON JUDGMENT DATED 31-10-2022 IN AS 81/2017
ON THE FILE OF ADDITIONAL DISTRICT COURT- III, MANJERI.
O.S NO.68 OF 2011 OF MUNSIFF COURT, PERINTHALMANNA.
APPELLANTS/RESPONDENTS/DEFENDANTS 2 TO 7:
1 SHAHUL , AGED 56,S/O THONIKKARA ABU (LATE)
ANGADIPURAM AMSOM DESOM, PERINTHALMANNA TALUK,
MALAPPURAM PIN - 679321
2 MUHAMMED, AGED 59,S/O THONIKKARA ABU (LATE)
ANGADIPURAM AMSOM DESOM, PERINTHALMANNA TALUK,
MALAPPURAM PIN - 679321
3 RASHEEDALI, AGED 54, S/O THONIKKARA ABU (LATE)
ANGADIPURAM AMSOM DESOM, PERINTHALMANNA TALUK,
MALAPPURAM PIN - 679321
4 SHOUKATH, AGED 53, S/O THONIKKARA ABU (LATE)
ANGADIPURAM AMSOM DESOM, PERINTHALMANNA TALUK,
MALAPPURAM PIN - 679321
5 SAKEER HUSSAIN, AGED 52, S/O THONIKKARA ABU (LATE)
ANGADIPURAM AMSOM DESOM, PERINTHALMANNA TALUK,
MALAPPURAM PIN - 679321
6 HARIS BABU, AGED 46, S/O THONIKKARA ABU (LATE)
ANGADIPURAM AMSOM DESOM, PERINTHALMANNA TALUK,
MALAPPURAM PIN - 679321
BY ADVS.MEENA.A, VINOD RAVINDRANATH,
K.C.KIRAN, M.R.MINI, M.DEVESH,
ASHWIN SATHYANATH, ANISH ANTONY ANATHAZHATH,
THAREEQ ANVER K, VIDYA K &
T.KRISHNANUNNI (SR.)
FAO(RO) No.11 of 2023
-: 2 :-
RESPONDENT/APPELLANT/PLAINTIFF:
PATHUMMA, AGED 70,
D/O KANGATT PUTHANVEETTIL MUHAMMED @
BAPPUTTI HAJI, W/O PONNANGATHODI KUNHAHAMMED,
MAKKARAPARAMBA VILLAGE, VADAKKANGARA DESOM,
PERINTHALMANNA TALUK, MALAPPURAM DISTRICT,
PIN - 679321
BY ADV K.JAYESH MOHANKUMAR
THIS FIRST APPEAL FROM ORDER - REMAND ORDER HAVING
BEEN FINALLY HEARD ON 12.06.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
==============================
FAO(RO) No.11 of 2023
==========================
Dated this the 12th day of June, 2023
JUDGMENT
O.S No.68 of 2011, which is a suit for recovery of
possession on the strength of title and O.S No.21 of
2011, which is a suit for prohibitory injunction against
trespass, between the parties, were pending before the
Munsiff Court, Perinthalmanna. The suits were disposed
of separately.
2. AS No.81 of 2017 was filed as against the decree
and judgment in O.S No.68 of 2011, and AS No.65 of 2017
and AS No.90 of 2017 were filed as against the decree
and judgment in O.S No.21 of 2011.
3. The three appeals were heard together and
disposed of as per the common judgment dated 31-10-2022.
The trial court decrees were set aside and the suits
were remanded back to the trial court for fresh
FAO(RO) No.11 of 2023
disposal.
4. This appeal is filed challenging the order of
remand in AS 81 of 2017.
5. The following question of law arises in the
appeal:
"When the issue involved in the connected suits and
appeals are inter-related are not the appeals to be
heard jointly?"
6. Challenging the order of remand in AS No.65 of
2017 and AS No.90 of 2017, two FAOs were preferred
before this Court as FAO(RO) No.28 of 2022 and FAO(RO)
No.29 of 2022. This Court, as per judgment dated 23-01-
2023, allowed the appeals, set aside the order of remand
and directed the first appellate court to rehear the
appeals. As noticed earlier, there are two suits and
three appeals, which are interrelated.
FAO(RO) No.11 of 2023
7. In the light of the facts as noticed above, it
is only appropriate that the remand order in AS No.81 of
2017 is also set aside and heard along with AS No.65 of
2017 and AS No.90 of 2017, in terms of the directions of
this Court in FAO(RO) No.28 of 2022 and FAO (RO) No.29
of 2022.
Therefore the appeal is allowed. The order of
remand in AS No.81 of 2017 is set aside. The Additional
District Court shall rehear AS No.81 of 2017 along with
AS No.65 of 2017 and AS No.90 of 2017 and dispose of the
same.
Parties shall appear before the Additional District
Court-III, Manjeri on 30-06-2023 at 11.00 a.m.
Sd/- Sathish Ninan, Judge
amk
