Kerala High Court
Hafsa vs Sarafunnisa on 18 July, 2025
Author: Sathish Ninan
Bench: Sathish Ninan
2025:KER:53578
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
TR.APPEAL(C) NO. 5 OF 2025
AGAINST THE JUDGMENT DATED 19.02.2025 IN Tr.P(C) NO.11 OF
2025 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS:
1 HAFSA
AGED 63 YEARS, D/O MATTARACKAL KOTTOTH MOHAMED @
BAPPUTTY, W/O ALIKUTTY, MANKARATHODI HOUSE,
ANAKKAYAM P.O, MALAPPURAM DISTRICT, PIN - 676509
2 SALEENA
AGED 58 YEARS, D/O MATTARACKAL KOTTOTH MOHAMED @
BAPPUTTY, W/O NASEER AHAMED, THONDIYIL HOUSE,
KARUVARAKUNDU AMSOM, CHERAMB DESOM, KARUVARAKUNDU
P.O, MALAPPURAM DISTRICT, PIN - 676523
3 ANWARUDHEEN @ NANIPPA
AGED 50 YEARS, S/O MATTARACKAL KOTTOTH MOHAMED @
BAPPUTTY, MATTARAKKAL KOTTOTH HOUSE, IRINGATTIRI
P.O, VIA.KARUVARAKUNDU, KARUVARAKUNDU VILLAGE,
MALAPPURAM DISTRICT, PIN - 676523
4 SIRAJUDHEEN @ KUNHANIPPA
AGED 50 YEARS, S/O MATTARACKAL KOTTOTH MOHAMED @
BAPPUTTY, MATTARAKKAL KOTTOTH HOUSE, IRINGATTIRI
2025:KER:53578
Tr.Appeal (C) No.5 of 2025
-: 2 :-
P.O, VIA. KARUVARAKUNDU, KARUVARAKUNDU
VILLAGE, MALAPPURAM DISTRICT, PIN - 676523
5 YASAR
AGED 45 YEARS, S/O MATTARACKAL KOTTOTH MOHAMED
@ BAPPUTTY, MATTARAKKAL KOTTOTH HOUSE,
IRINGATTIRI P.O, VIA.KARUVARAKUNDU,
KARUVARAKUNDU VILLAGE, MALAPPURAM DISTRICT,
PIN - 676523
6 MUMTHAS
AGED 54 YEARS, D/O MATTARACKAL KOTTOTH MOHAMED
@ BAPPUTTYKAMBRATH HOUSE, PUTHALAM, AREACODE
P.O, MALAPPURAM DISTRICT, PIN - 673639
7 BAJEENA
AGED 48 YEARS, D/O MATTARACKAL KOTTOTH MOHAMED
@ BAPPUTTY, W/O MUSTHAFA, CHETTIYAN PARAMBIL
HOUSE, THIRUVIZHAMKUNNU P.O, KOTTOPPADAM- 1,
PALAKKAD DISTRICT, PIN - 678601
8 NOUSHAD
AGED 45 YEARS, S/O ABDUL RAHMAN, VATTAPARAMBIL
HOUSE, KARUVAMBRAM P.O, MANJERI P.O,
MALAPPURAM DISTRICT, PIN - 676123
9 SAVAD,
AGED 44 YEARS, S/O ABDUL RAHMAN, VATTAPARAMBIL
HOUSE, KARUVAMBRAM P.O, MANJERI, MALAPPURAM
DISTRICT, PIN - 676123
10 SHANIMOL,
AGED 42 YEARS, W/O POOTHAMKOTTIL ABDUL JALEEL,
POOTHAMKOTTIL HOUSE, EDAYATTUR P.O,
VIA.MELATTUR, MALAPPURAM DISTRICT,
PIN - 679326
11 FARSEENA
AGED 40 YEARS, W/O MUJEEB RAHMAN,
2025:KER:53578
Tr.Appeal (C) No.5 of 2025
-: 3 :-
VATTAPARAMBIL HOUSE, KARUVAMBRAM P.O, MANJERI,
MALAPPURAM DISTRICT, PIN - 676123
12 UMMERYA
AGED 82 YEARS, W/O MATTARACKAL KOTTOTH MOHAMED
@ BAPPUTTY, MATTARAKKAL KOTTOTH HOUSE,
IRINGATTIRI P.O, VIA.KARUVARAKUNDU,
MALAPPURAM DISTRICT, PIN - 676523
BY ADVS.
SMT.ROSE MICHAEL
SRI.C.P.WILSON
SHRI.MICHAEL PAUL CHITTINAPPILLY
SMT.MEERAMOL JIJI
SRI.P.VISWANATHAN (SR.)
RESPONDENTS/PETITIONERS:
1 SARAFUNNISA
AGED 60 YEARS, D/O MATTARACKAL KOTTOTH MOHAMED
@ BAPPUTY, W/O MEDUVIL NALAKATH MOHAMED
HUSSAIN, THIRURANGADI AMSOM, DESOM, MALAPPURAM
DISTRICT, PIN - 676306
2 LAILA
AGED 62 YEARS, D/O MATTARACKAL KOTTOTH MOHAMED
@ BAPPUTY, W/O. MADARI UMMER, MADARI HOUSE,
CHANDAKUNNU P.O., NILAMBUR AMSEM, DESOM,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN -
679329
ADV.T. KRISHNANUNNI, SR.
THIS TRANSFER APPEAL(CIVIL) HAVING COME UP FOR
ADMISSION ON 18.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:53578
SATHISH NINAN & P. KRISHNA KUMAR, JJ.
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Tr.Appeal (C) No.5 of 2025
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Dated this the 18th day of July, 2025
JUDGMENT
Sathish Ninan, J.
A dispute on title with regard to the acquired property
under the Land Acquisition Act is pending on a reference
before the Land Acquisition Reference Court (Additional
District Court), Manjeri. Between the same parties, there is
a suit for partition pending before the Sub Court, Manjeri,
wherein the acquired property is also one of the items.
2. As per the impugned judgment, the learned Single
Judge directed transfer of the original suit to the
Additional District Court. The same is under challenge in
this appeal.
3. We have heard Shri.P. Viswanathan, the learned
Senior Counsel on behalf of the appellants and Shri.T.
Krishnanunni, the learned Senior Counsel on behalf of the
respondents.
2025:KER:53578
4. The only grievance of the appellants is that, in
the impugned judgment it has been observed that, "without
partitioning the property, the award amount could not be disbursed to the owners" . It
would be construed that the observation suggests the
requirement for partition and disbursement of the land
acquisition compensation, submits the learned Senior Counsel
for the appellants. He seeks for appropriate clarification
in the said regard.
5. To avoid conflicting findings, the suit pending
before the Sub Court was ordered to be transferred to the
Additional District Court, which is the Land Acquisition
Reference Court. Since the Land Acquisition Reference Court
cannot try a partition suit, the learned Single Judge has
not ordered joint trial. But still transfer was ordered
because, when the suit is tried before the same court it
would prevent conflicting decisions.
6. As contended by Shri.P. Viswanathan, the learned
Senior Counsel for the appellants, the very right of the
2025:KER:53578
plaintiffs for partition itself is in issue, and hence it
could not be said that without partitioning the property the
award amount cannot be disbursed. All that the learned
Single Judge has observed is that the issue involved is the
same and the rights claimed depend on the determination of
the partibility of the property. It shall not be taken as a
finding otherwise.
7. With the above clarification, the appeal is
disposed of.
Parties to appear before the Additional District Court,
Manjeri, on 31.07.2025.
Sd/-
SATHISH NINAN
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
yd
