Kerala High Court
K.M.Shahul Hameed vs K.M.Aneena on 1 February, 2024
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Thursday, the 1st day of February 2024 / 12th Magha, 1945
IA.NO.1/2024 IN RFA NO. 400 OF 2005
OS 544/1999 OF III ADDITIONAL SUB COURT, ERNAKULAM
APPLICANT/5TH RESPONDENT:
K.M.SHAMLA, AGED 62 YEARS, D/O.LATE K.A.MOIDEEN AND W/O.A.M.KAREM,,
NOW RESIDING AT ANJIKATHU HOUSE,THRIKKAKARA, CUSAT P.O.,PIPELINE
JUNCTION, THRIKKAKARA. PIN 682021
RESPONDENTS/APPELLANT AND RESPONDENTS 1-4, 6-14:
1. K.M.SHAHUL HAMEED,AGED 72 YEARS, S/O.LATE K.A.MOIDEEN, NOW RESIDING
AT SHANTHIGIRI, N.A.D.ROAD, HMT COLONY P.O.,, KALAMASSERY
PIN-683503
2. K.M.ANEENA, AGED 70 YEARS, D/O.LATE K.A.MOIDEEN AND
W/O.JAMALUDHEEN,, NOW RESIDING AT HUBUSA NIWAS, A K G ROAD,,
EDAPPALLY, ERNAKULAM. PIN-682024
3. K.M.RASHEEDA, AGED 68 YEARS, D/O.LATE K.A.MOIDEEN, AND
W/O.P.A.ABDU,, NOW RESIDING AT PUTHENPURAYIL,, MANJALI P.O., VIA
MANNAM, NORTH PARUR.PIN-683520
4. K.M.ABDUL KALAM (DIED)
5. K.M.NAJUMUDDEEN, AGED 66 YEARS, S/O.LATE K.A.MOIDEEN, NOW RESIDING
AT, PVS FLATS, SHANMUGAM ROAD, ERNAKULAM. PIN-682031
6. P.U.HABUSA BEEVI, (DIED)
7. V.I.SUBAIDA, AGED ABOUT 65,W/O.LATE K.M.ABDUL KALAM, SHAMLA MANZIL,
MARKET ROAD, EDAPPALLY, KOCHI - 682024.
8. K.M.MUMTHAZ, AGED 48 YEARS, D/O.LATE K.A.ABDUL KALAM, SHAMLA MANZIL,
MARKET ROAD, EDAPPALLY, KOCHI - 682024.
9. K.A.SWAPNA, AGED ABOUT 46,D/O.LATE K.M.ABDUL KALAM, SHAMLA MANZIL,
MARKET ROAD, EDAPPALLY, KOCHI - 682024.
10. K.A.SHAMEER, AGED ABOUT 45, S/O.LATE K.M.ABDUL KALAM, SHAMLA MANZIL,
MARKET ROAD, EDAPPALLY, KOCHI - 682024.
11. MOHAMMED JAMAL, AGED ABOUT 73, S/O.YOUSAF,, HABUSA NIVAS, AKG ROAD,
KOONAMTHAI, EDAPPALLY, KOCHI - 682024.
12. NOORJAHAN U.P., AGED 75 YEARS, W/O.LATE SHAMSUDDIN, PANJALIPARAMBU,
BTS ROAD, EDAPPALLY, KOCHI - 682024.
13. ASIQUE SULTHAN, AGED 42 YEARS, S/O.P.J.MUHAMMED JAMAL, HABUSA NIVAS,
25/146, AKG ROAD, PUTHUPALLIPRAM KARA, THRIKKAKARA NORTH VILLAGE,
EDAPPALLY (P.O.), COCHIN - 682024.
14. SHEFIN BOBBY, AGED 36 YEARS, S/O.P.J.MUHAMMED JAMAL, HABUSA NIVAS,
25/146, AKG ROAD, PUTHUPALLIPRAM KARA, THRIKKAKARA NORTH VILLAGE,
EDAPPALLY (P.O.), COCHIN - 682024.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order to
correct the judgment dated 05/07/2022 in RFA 400/2005 of this Hon'ble
Court so as to include Sub Registrar Thrikkakara along with Sub Registrar
Edappally in order to forward copy of final decree to Sub Registrar
Thrikkakara in terms of Sec.89(5) of Indian Registration act 1908 for
causing Entries in Book No.1 at the earliest.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SMT BINDU.C.G, Advocate for the petitioner/ R5 IN RFA,
SRI.S.V.BALAKRISHNA IYER (SR.), SRI.R.SREEHARI, Advocate for R1 in
IA/APPELLANT in RFA, SRI.P.A.SALIM (ADVOCATE COMMISIONER), SRI.M.A.ABDUL
HAKHIM, Advocate for R2 & R3 in IA/ R1 & R2 in
RFA, SRI.K.S.BHARATHAN, SRI.B.C.MENON, SMT.S.ANJUSHA,ADVOCATES FOR R5 IN
I.A./R4 IN RFA, SRI.G.SREEKUMAR CHELUR, SRI.V.A.SHAJI, SRI.SADER
E.REAZ, SRI.M.JAYAKRISHNAN, Advocates for R7 to R10,SRI.JOSEPH GEORGE,
Advocate for R11, SMT.C.G.AJITHA, SMT.C.G.BINDU, SMT.SEEMA.E.GEORGE,
Advocates for R12, SRI.B.JAYASANKAR,Advocate for R13 & R14, the court
passed the following:
P.B.SURESH KUMAR & C.S.SUDHA, JJ.
-----------------------------------------------
R.F.A. No.400 of 2005
-----------------------------------------------
Dated this the 1st day of February, 2024.
ORDER
In terms of the final judgment passed in the appeal, the
Registry was directed to forward a copy of the decree to the Sub
Registrar, Edappally in terms of Section 89(5) of the Registration Act,
1908 for filing the same and causing entries in Book No.1. It is seen
that the properties which are the subject matter of the appeal are
situated within the jurisdictional limits of the Sub Registrar,
Thrikkakara as well.
In the circumstances, paragraph No.6 in the final
judgment is corrected by substituting the words "Sub Registrar,
Edapally" in the second line of paragraph 6 with the words "Sub
Registrar, Edappally and Sub Registrar, Thrikkakara".
It is seen that there occurred a mistake while drafting
the compromise petition, on the basis of which the appeal was
disposed of. The Re-survey and Block numbers of C Schedule item
No.5 property were shown as Re-Sy No.300/4 of Block No.6 of
Thrikkakara North Village, instead of Re-Sy No.301/12 of Block No.5
of Thrikkakara North Village. Inasmuch as the decree has already
been drafted and issued, the Re-survey and Block numbers of C
Schedule item No.5 property in the decree will stand corrected as
Re-Sy No.301/12 of Block No.5 of Thrikkakara North Village.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Sd/-
C.S.SUDHA, JUDGE.
YKB
01-02-2024 /True Copy/ Assistant Registrar
