Kerala High Court
K.A.Sadik, Rep. By Power Holder Mujeeb ... vs Mozart Global Furniture on 24 March, 2025
Author: Sathish Ninan
Bench: Sathish Ninan
2025:KER:25347
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RFA NOS. 661 & 652 OF 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
RFA NO. 661 OF 2014
AGAINST THE COMMON JUDGMENT DATED 08.08.2014 IN OS NO.215 OF
2011 OF PRINCIPAL SUB COURT, NORTH PARAVUR
APPELLANT/4TH DEFENDANT:
K.A.SADIK
AGED 38 YEARS
S/O.K.P.ABOOBACKER MOULAVI, ENGINEER FOREIGN
EMPLOYMENT, RESIDING AT XVI/19 (WRONGLY SHOWN AS
19/16), NEDUMBANA VILLAGE, NEDUMBANA P.O., KOLLAM
TALUK, KOLLAM, REPRESENTED BY HIS BROTHER AND POWER
HOLDER MUJEEB RAHMAN, S/O.K.P.ABOOBAKER MOULAVI,
RESIDING AT NEDUMBANA VALIAVILA PUTHENVEETTIL,
NEDUMBANA, KOLLAM DISTRICT.
BY ADVS.
SHRI.S.RAJMOHAN
SRI.K.V.JAYACHANDRAN
SRI.B.JAYASANKAR
RESPONDENTS / PLAINIFFS & D1 TO 3s:
1 MOZART GLOBAL FURNITURE
AGED 55 YEARS
A PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING PARTNER
- MR.K.T.SAIDALAVI, S/O.KUNHIKOIA, RESIDING AT
KUNNATHODI HOUSE, NO.9/680 OF OTHUKUNGAL PANCHAYATH,
2025:KER:25347
2
RFA NOS. 661 & 652 OF 2014
PUTHOOR VILLAGE, THIROORANGADI TALUK, PIN-676503,
MALAPPURAM DISTRICT.
2 K.IBRAHIM KUTTY
AGED 43 YEARS
S/O.PLAPILLY KUNJUMUHAMMED, HOUSE NO.3/76 OF
CHOORNIKKARA PANCHAYATH, THAIKKATTUKARA P.O., PIN-
683106, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM.
3 SHYNA
AGED 34 YEARS
HOUSE WIFE, W/O.P.K.IBRAHIMKUTTY, HOUSE NO.3/76 OF
CHOORNIKKARA PANCHAYATH, THAIKKATTUKARA P.O., PIN-
683106, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM.
4 SHAMSUDEEN P.K.
S/O.PLAPILLY KUNJUMUHAMMED, HOUSE NO.3/76 OF
CHOORNIKKARA PANCHAYATH, THAIKKATTUKARA P.O., PIN-
683106, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM.
BY ADVS.
SRI.DINESH MATHEW J.MURICKEN
SMT.JAYASREE MANOJ
SRI.V.KUMAR
SRI.N.MANOJ KUMAR
SRI.P.A.MOHAMMED SHAH
SMT.P.M.MAZNA MANSOOR
SRI.S.PRASANTH
SRI.SOORAJ T.ELENJICKAL
SRI.T.S.SARATH
THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON
24.03.2025, ALONG WITH RFA.652/2014, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:25347
3
RFA NOS. 661 & 652 OF 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947
RFA NO. 652 OF 2014
AGAINST THE COMMON JUDGMENT DATED 08.08.2014 IN OS NO.383 OF
2010 OF PRINCIPAL SUB COURT, NORTH PARAVUR
APPELLANT/PLAINTIFF:
K.A.SADIK, REP. BY POWER HOLDER MUJEEB RAHMAN
AGED 38 YEARS
S/O.K.P.ABOOBAKER MOULAVI, ENGINEER FOREIGN EMPLOYMENT,
RESIDING AT XVI/19, NEDUMBANA, VALIAVILA PUTHENVEETTIL,
NEDUMBANA, MUTTAKIAVIL CHERIYIL, KOLLAM DISTRICT
REPRESENTED BY HIS BROTHER AND POWER HOLDER MUJEEB
RAHMAN, AGED 39, S/O.K.P.ABOOBAKER MOULAVI, RESIDING AT
XVI/19, NEDUMBANA, VALIAVILA PUTHENVEETTIL, NEDUMBANA,
MUTTAKIAVIL CHERIYIL, KOLLAM DISTRICT.
BY ADVS.
SHRI.S.RAJMOHAN
SRI.K.V.JAYACHANDRAN
SRI.B.JAYASANKAR
RESPONDENTS / DEFENDANTS:
1 MOZART GLOBAL FURNITURE
PARTNERSHIP FIRM, HAVING ITS OFFICE AT DOOR K.P.1/23-A
B AND C OF KOTTAKKAL, KOTTAKKAL P.O. PIN. 676 503,
TIRUR TALUK, MALAPURAM DISTRICT REPRESENTED BY ITS
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RFA NOS. 661 & 652 OF 2014
MANAGING PARTNER MR.K.T.SAIDALAVI AGED FIFTY THREE
YEARS, BUSINESS SON OF KUNHIKOIA A MASTER, RESIDING AT
KUNNATHODI KASARGOD, H.NO.9/680 OF OTHUKKUNGAL PUTHOOR
DESOM THIROORANGADI TALUK, PUTHUR P.O, PIN-676 503
MALAPPURAM DISTRICT.
2 MR. K.T.SAIDALAVI
AGED 55 YEARS
BUSINESS, SON OF KUNHIKOIA MASTER, RESIDING AT
KUNNATHODI KASARGOD, H.NO.9/680 OF OTHUKKUNGAL PUTHOOR
DESOM THIROORANGADI TALUK, PUTHUR P.O, PIN-676 503
MALAPPURAM DISTRICT.
3 MR. K.IBRAHIM KUTTY
AGED 43 YEARS
BUSINESS, SON OF P.M.KUNHU MOHAMMED, PLAUPILLI HOUSE,
HOUSE NO.3/76 OF CHOORNIKKARA PANCHAYATH CHOORNIKKARA
ALUVA WEST VILLAGE, ALUVA TALUK THAIKKATTUKARA P.O,
PIN-683106
4 MRS. SHYNA
AGED 34 YEARS
HOUSE WIFE, WIFE OF MR.P.K.IBRAHIMKUTTY, PLAPPILLI
HOUSE, HOUSE NO.3/76 OF CHOORNIKKARA PANCHAYATH
CHOORNIKKARA ALUVA WEST VILLAGE, ALUVA TALUK
THAIKKATTUKARA P.O, PIN-683106.
5 K.T. BASHEER
S/O.K.T.AHAMMED KUTTY, KUNNATHODI HOUSE, SANTHI NAGAR,
PARAPPUR POST, MALAPPURAM. 676 503.
6 K.T. SULFIKKAR ALI
S/O.K.T.SAIDALAVI, RESIDING AT KUNNATHODI KZARGOD,
H.NO.9/680 OF OTHUKKUNGAL PANCHAYATH, PUTHOOR
THIROORANGADI TALUK, PUTHUR P.O, PIN-676 503 MALAPPURAM
DISTRICT.
7 K.T. ASKARALI
AGED 22 YEARS
S/O.K.T.SAIDALAVI, DO... DO...
8 K.T. YASAR ARAFFAT
AGED 20 YEARS
S/O.K.T.SAIDALAVI, DO... DO...
2025:KER:25347
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RFA NOS. 661 & 652 OF 2014
BY ADVS.
SRI.DINESH MATHEW J.MURICKEN
SRI.V.KUMAR
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON
24.03.2025, ALONG WITH RFA.661/2014, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:25347
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RFA NOS. 661 & 652 OF 2014
Sathish Ninan,
&
Shoba Annamma Eapen, JJ.
==============================
R.F.A.Nos.661 & 652 of 2014
==========================
Dated this the 24th day of March, 2025
JUDGMENT
Sathish Ninan, J.
The parties have settled their disputes out of
court. An application has been filed in terms of Order
XXIII Rule 3 and 151 of the Code of Civil Procedure
incorporating the terms of settlement. The decree and
judgment of the trial court are set aside and a
modified decree is passed in terms of the compromise.
The compromise petition will form part of the
judgment. The court fee paid on the memorandum of
appeal shall be refunded to the appellants.
Sd/-
Sathish Ninan, Judge
Sd/-
Shoba Annamma Eapen, Judge
rsr
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