Kerala High Court
Thomas vs Ismail Khan,(Died)(Lhr Recorded) on 28 March, 2022
Author: V Shircy
Bench: V Shircy
RSA No.1251/2010 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
Monday, the 28th day of March 2022 / 7th Chaithra, 1944
IA.NO.1/2022 IN RSA NO. 1251 OF 2010
AS 241/2007 OF II ADDITIONAL SUB COURT,THRISSUR
OS 2480/2002 OF I ADDITIONAL MUNSIFF COURT,THRISSUR
PETITIONERS/APPELLANTS:
1. THOMAS, S/O.ERINJERI PARANJUNNY, CHERPU VILLAGE, CHERPU DESOM, THRISSUR TALUK,
THRISSUR DISTRICT,
2. ANTO,S/O.KUTTICHAKKU ANTHONY, KIZHAKUMPATTUKARA DESOM, THRISSUR VILLAGE,
THRISSUR TALUK, THRISSUR DISTRICT.
3. SHYLA, W/O. MALIPARAMBIL SUBHASH, CHELAKOTTUKARA DESOM, CHIYYARAM VILLAGE,
CHIYYARAM TALUK, THRISSUR DISTRICT.
4. LOOSY, W/O.POOVATHINGAL FRANCIS, ARANATTUKARA VILLAGE, ARANATTUKARA DESOM,
THRISSUR TALUK, THRISSUR DISTRICT.
RESPONDENTS/5TH RESPONDENT AND ADDL.RESPONDENTS 7 TO 11,15 AND 16 AND LEGAL HEIRS OF
DECEASED 3RD RESPONDENT SOUGHT TO BE IMPLEADED:
1. MOIDHEEN KHAN, S/O. THE LATE NAGARKOVIL ISMAIL KHAN, KOORKENCHERY VILLAGE,,
THRISSUR TALUK, THRISSUR DISTRICT, PIN-680001,, EMPLOYED IN APPOLO TYRES.
2. MIYA JANU @ MOHAMMED KHAN, S/O.THE LATE ABDUL KHADER KHAN,AGED 63,NAGERCOIL
HOUSE,PATTURAICKAL,THRISSUR VILLAGE,THRISSUR TALUK AND DISTRICT,PIN-680 001.
3. ASHRAF KHAN, AGED 55,S/O.THE LATE ABDUL KHADER KHAN,NAGERCOIL
HOUSE,PONNUVEETTIL LAND,PATTURAICKAL,THRISSUR VILLAGE,THRISSUR TALUK AND
DISTRICT,PIN-680 001.
4. BAMEJAN @ RAMEEZA, D/O.THE LATE ABDUL KHADER KHAN,C/O.MIYA JANU,NAGERCOIL
HOUSE,PATTURAICKAL,THRISSUR VILLAGE,THRISSUR TALUK AND DISTRICT,PIN-680 001.
5. NAZEEMA, D/O.THE LATE ABDUL KHADER KHAN,NAGERCOIL
HOUSE,KATTUNGACHIRA,IRINJALAKUDA,THRISSUR DISTRICT,PIN-680121.
6. TAHIRA ABDUL KHADER, D/O.THE LATE ABDUL KHADER KHAN,MES
COLLEGE,VALIAPARAMBU,KANNUR DISTRICT,PIN-673 572.
7. USNA BHANU, W/O.SUNNA,D/O.THE LATE JAMEELA AND THE LATE HABEEB KHAN,OPP.NEVA
MATHA SCHOOL,PATTURAICKAL,THRISSUR DISTRICT,PIN-680 001.
8. USMAN KHAN , NAGER COIL HOUSE, PATTURAICKAL,THRISSUR,PIN-680 008.
9. NOUSHAD @ ALAVI, S/O.THE LATE SUHARABI AND GULAB JHAN,NAGERCOIL
HOUSE,THRIKKUMARAKUDAM,AYYANTHOLE,THRISSUR,PIN-680 003.
10. MOHAMMED JHAN, S/O.THE LATE SUHARABI AND GULAB JHAN,NAGERCOIL HOUSE,NEAR BLOCK
PANCHAYATH,UTHRALIKKAVU,WADAKKANCHERRY,THRISSUR,PIN-680 001.
11. MUSTHAFA, S/O.THE LATE SUHARABI AND GULAB JHAN,NAGERCOIL
HOUSE,PATTURACKAL,THRISSUR VILLAGE,THRISSUR TALUK AND DISTRICT,PIN-680 001.
Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to direct the Registry to communicate the Order dated 13.08.2012 in
IA.NO.2044/2012 in RSA.No.1251/2010 to Sub Registrar,Thrissur.
This Application coming on for orders upon perusing the application and the affidavit filed in
support thereof, and upon hearing the arguments of SRI.JAMSHEED HAFIZ, SRI.K.C.KIRAN,
SMT.M.R.MINI, SMT.MEENA.A., SRI.VINOD RAVINDRANATH, Advocates for the petitioners and of
SRI.M.R.ARUNKUMAR, SRI.P.SHAMMI NAVAS, SRI.A.FRANCIS, SRI.P.T.BINDURAJ,Advocates for
RSA No.1251/2010 2/2
respondent 1(R5 in RSA) ,SRI T.RAJASEKHARAN NAIR, Advocate for Respondents 3 and 4(Addl R8 and
R9 in RSA),SRI V.PREMCHAND, SURYA MOHAN P.,Advocates for Respondents 2,5 and 6(Addl R7,R10
and R11 in RSA) SRI V.PREMCHAND, Advocate for the respondents 8 and 10(Addl R16 and R13(sought
to be impleaded) in RSA), the court passed the following:
ORDER
The learned counsel for the 2nd respondent has submitted before this Court that his party has no intention to alienate the property. The same is recorded.
Sd/- SHIRCY V. JUDGE 28-03-2022 /True Copy/ Assistant Registrar