Kerala High Court
Kizhakke Veettil Kunhami,(Died) (Lrs ... vs Kizhakke Veettil Ammad Haji(Died) ... on 24 February, 2025
2025:KER:15907
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
RSA NO. 156 OF 2005
AGAINST THE JUDGMENT AND DECREE DATED 30.10.2004 IN
AS NO.50 OF 2001 OF ASSISTANT SESSIONS COURT/SUB
COURT/COMMERCIAL COURT, VADAKARA ARISING OUT OF THE
ORDER/JUDGMENT DATED IN OS NO.126 OF 1998 OF MUNSIFF
COURT, NADAPURAM
APPELLANT/RESPONDENT/2nd PLAINTIFF:
1 KIZHAKKE VEETTIL KUNHAMI,(DIED) (LRS IMPLEADED)
D/O.POKKER,
RESDING AT KUNIYIL,
KUTTIPRAM AMSOM,
VARIKKOLI DESOM,
VADAKARA TALUK,
KOZHIKODE DISTRICT
2 ADDL.AMMED,
S/O.ABDULLA,
AGED 65 YEARS,
KUNIYIL HOUSE,
PO VARIKKOLI,
KALLACHI (VIA),
KOZHIKODE DISTRICT.
3 ADDL.YOUSUF,
S/O.AMMED,
AGED 48 YEARS,
2025:KER:15907
RSA Nos.156 & 157 OF 2005
2
NARANAMKANDY HOUSE,
P.O.NADAPURAM,
BADAKARA,
KOZHIKODE DISTRICT.
4 ADDL.ABDULLA,
S/O.AMMED,
AGED 45 YEARS,
KEEZHADI,
PO PURAMERI,
BADAKARA,
KOZHIKODE DISTRICT.
5 ADDL.JAMEELA,
D/O.AMMED,
AGED 43 YEARS,
THAYYULLATHIL HOUSE,
PO THOONERI,
NADAPURAM (VIA),
KOZHIKODE DISTRICT.
6 ADDL.ASHRAF,
S/O.AMMED,
AGED 41 YEARS,
KUNIYIL HOUSE,
PO VARIKKOLI,
KALLACHI (VIA),
KOZHIKODE DISTRICT.
7 ADDL.MAJEED,
S/O.AMMED,
AGED 39 YEARS,
KUNIYIL HOUSE,
PO VARIKKOLI,
KALLACHI (VIA),
KOZHIKODE DISTRICT.
8 ADDL.RAMLA,
D/O.AMMED,
AGED 37 YEARS,
2025:KER:15907
RSA Nos.156 & 157 OF 2005
3
THAZHEKOORAL HOUSE,
PO AROOR,KAKKATTIL (VIA),
KOZIKODE DISTRICT.
9 ADDL.RASAK,
S/O.AMMED,
AGED 34 YEARS,
KUNIYIL HOUSE,
PO VARIKKOLI,
KALLACHI (VIA),
KOZHIKODE DISTRICT.
10 ADDL.RAHMATH,
D/O.AMMED,
AGED 31 YEARS,
KUNIYIL HOUSE,
PO VARIKKOLI,
KALLACHI (VIA),
KOZHIKODE DISTRICT.
(LEGAL REPRESENTATIVES OF DECEASED SOLE
APPELLANT ARE IMPLEADED AS ADDL.APPELLANTS NO.2
TO 10 AS PER ORDER DATED 14.10.2014 IN
IA.2466/2014.)
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
P.G.RAJAGOPALAN
T.RESMI DAMODARAN
RESPONDENTS/APPELLANTS/DEFENDANTS:
1 KIZHAKKE VEETTIL AMMAD HAJI(DIED) (LHRS
IMPLEADED)
S/O. POKKER,
RESIDING AT KUNIYIL,
KUTTIPRAM AMSOM,
VARIKKOLI DESOM,
2025:KER:15907
RSA Nos.156 & 157 OF 2005
4
VADAKARA TALUK,
KOZHIKODE DISTRICT.
2 AVULLE,
S/O. POKKER
RESIDING AT KIZHAKKE VEETIL,
KUMMAKODE AMSOM, DESOM,,
VADAKARA TALUK,
KOZHIKODE DISTRICT.
3 ADDL.AYSHA,
AGED 65 YEARS,
W/O. AMMED HAJI,
RESIDING AT KUNIYIL,
KUTTIPRAM AMSOM,
VARIKKOLI DESOM,
PO KUTTIPRAM,
BADAKARA TALUK,
KOZHIKODE DISTRICT.
4 ADDL.AZEEZ,
AGED 39 YEARS,
S/O.AMMED HAJI,
RESIDING AT KIZHAKKEVEETTIL,
NADAPURAM P.O.,
BADAKARA,
KOZHIKODE DISTRICT-673 504.
5 ADDL.NABEESA,
AGED 37 YEARS,
WIFE OF POCKER,
RESIDING AT MALAYIL,
KUTTIPRAM AMSOM,
VARIKKOLI DESOM,
PO KUTTIPRAM,
BADAKARA TALUK,
KOZHIKODE DISTRICT.
2025:KER:15907
RSA Nos.156 & 157 OF 2005
5
6 ADDL.SAKEENA,
AGED 34 YEARS,
WIFE OF JAMAL,
RESIDING AT THUMBOLILTAVIDE,
VARIKKOLI P.O.,
KALLACHI (VIA),
KOZHIKODE DISTRICT-673 506.
(ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED R1
AS PER ORDER DATED 21.01.2016 IN IA.262/2015.)
BY ADVS.
B.KRISHNAN
R.PARTHASARATHY
THIS REGULAR SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 24.02.2025, ALONG WITH RSA.157/2005, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:15907
RSA Nos.156 & 157 OF 2005
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
RSA NO. 157 OF 2005
AGAINST THE JUDGMENT AND DECREE DATED 30.10.2004 IN
AS NO.64 OF 2001 OF ASSISTANT SESSIONS SUB COURT, VADAKARA
ARISING OUT OF THE ORDER/JUDGMENT DATED IN OS NO.221 OF
1998 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NADAPURAM
APPELLANTS/RESPONDENTS/DEFENDANTS:
1 KUNIYIL PARKKUM KIZHAKKE VEETTIL KUNHAMI,(DIED)
LRS IMPLEADED
D/O. POKKER, RESIDING AT KUNIYIL,
KUTTIPRAM AMSOM, VARIKKOLI DESOM,
VADAKARA TALUK, KOZHIKODE DISTRICT.
(IT IS RECORDED THAT THE FIRST APPELLANT IS THE
LEGAL HEIR OF DECEASED RESPONDENT AND
RESPONDENTS 2 AND 3 ARE IMPLEADED AS THE LEGAL
REPRESENTATIVES OF DECEASED RESPONDENT VIDE
ORDER DATED 07.11.2007 IN IA.891/2007.
2 KUNIYIL PARKKUM KIZHAKKE VEETTIL AMMED,
S/O. AVULLA,
RESIDING AT DO. DO.
3 ADDL.YOUSUF,
SON OF AMMED,
48 YEARS OF AGE,
2025:KER:15907
RSA Nos.156 & 157 OF 2005
7
NARANAMKANDY HOUSE,P.O.NADAPURAM,
BADAKARA,KOZHIKODE DISTRICT.
4 ADDL.ABDULLA,
SON OF AMMED,
45 YEARS OF AGE,KEEZHADI P.O.PURAMERI,
BADAKARA,KOZHIKODE DISTRICT.
5 ADDL.JAMEELA,
D/O. AMMED,43 YEARS OF AGE,
THAYYULLATHIL HOUSE,
P.O.THOONERI,
NADAPURAM (VIA),
KOZHIKODE DISTRICT.
6 ADDL.ASHRAF,
SON OF AMMED,
41 YEARS OF AGE KUNIYIL HOUSE,
P.O.VARIKKOLI,
KALLACHI (VIA),
KOZHIKODE DISTRICT.
7 ADDL.MAJEED,
SON OF AMMED,
39 YEARS OF AGE,S KUNIYIL HOUSE,
P.O.VARIKKOLI,
KALLACHI (VIA),
KOZHIKODE DISTRICT.
8 ADDL.RAMLA,
D/O.AMMED,37 YEARS OF AGE,
THAZHEKOORAL HOUSE,P.O.AROOR,
KAKKATTIL (VIA),KOZHIKODE DISTRICT.
9 ADDL.RASAK,
SON OF AMMED,34 YEARS OF AGE,S KUNIYIL
HOUSE,P.O.VARIKKOLI,KALLACHI (VIA),
KOZHIKODE DISTRICT.
2025:KER:15907
RSA Nos.156 & 157 OF 2005
8
10 ADDL.RAHMATH,
SON OF AMMED,31 YEARS OF AGE,S KUNIYIL
HOUSE,P.O.VARIKKOLI,KALLACHI (VIA),
KOZHIKODE DISTRICT.
(LEGAL REPRESENTATIVES OF DECEASED APPELLANT
NO.1 ARE IMPLEADED AS ADDL.APPELLANT NOS.3 TO 10
AS PER ORDER DATED 14.10.2014 IN IA.2467/2014.)
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
P.G.RAJAGOPALAN
T.RESMI DAMODARAN
RESPONDENT/APPELLANT/PLAINTIFF:
1 KIZHAKKE VEETIL PARKKUM PAIKKAL AYISSA
D/O PAKRAN, RESIDING AT KUMMATHODE, AMSOM DESOM,
VADAKKARA TALUK,, KOZHIKODE DISTRICT.
(SINCE DIED LRS RECORDED AND IMPLEADED)
2 ADDL.KIZHAKKE VEETTIL AMMAD HAJI,(DIED) LHRS
IMPLEADED
S/O.POKKER,RESIDING AT KUNIYIL,
KUTTIPRAM AMSOM,VARIKKOLI
DESOM,P.O.KUTTIPRAM,VADAKARA TALUK,
KOZHIKODE DISTRICT.
3 ADDL.KIZHAKKE VEETTIL ABDULLA,
S/O.POKKER,KIZHAKKE VEETTIL HOUSE,
KUTTIPRAM AMSOM -DO- -DO-
4 ADDL.AYSHA,
AGED 65 YEARS,WIFE OF AMMED HAJI,
RESIDING AT KUNIYIL,KUTTIPRAM AMSOM,
VARIKKOLI DESOM,PO KUTTIPRAM,
BADAKARA TALUK,KOZHIKODE DISTRICT.
2025:KER:15907
RSA Nos.156 & 157 OF 2005
9
5 ADDL.AZEEZ,
AGED 39 YEARS,SON OF AMMED HAJI,
RESIDING AT KIZHAKKEVEETTIL,NADAPURAM
P.O.,BADAKARA,KOZHIKODE DISTRICT.-673 504
6 ADDL.NABEESA,
AGED 37 YEARS,WIFE OF POCKER,,RESIDING AT
MALAIYIL,KUTTIPRAM AMSOM,VARIKKOLI DESOM,
PO KUTTIPRAM,BADAKARA TALUK,
KOZHIKODE DISTRICT.
7 ADDL.SAKEENA,
AGED 34 YEARS,WIFE OF JAMAL,
RESIDING AT THUMBOLILTAVIDE,VARIKKOLI
P.O.,KALLACHI (VIA)
KOZHIKODE DISTRICT-673 506.
(ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED
ADDL.R2 AS PER ORDER DATED 21.01.2016 IN
IA.264/2015.)
BY ADVS.
B.KRISHNAN
R.PARTHASARATHY
THIS REGULAR SECOND APPEAL HAVING COME UP FOR
ADMISSION ON 24.02.2025, ALONG WITH RSA.156/2005, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:15907
RSA Nos.156 & 157 OF 2005
10
JUDGMENT
R.S.A NO.156 OF 2005 & R.S.A NO.157 OF 2005
1. These Regular Second Appeals arise from a common judgment by which two suits were disposed of by the Trial Court; hence, both appeals are disposed of by a common judgment.
2. The subject matter in both appeals was settled by the parties by filing separate Compromise Applications, which are numbered I.A. No.1/2025 in each Appeal.
3. Counsel on both sides brought to my notice that there occurred a typographical error in Line 4 in Paragraph No.4 of I.A. No.1/2025 in R.S.A.No.156/2005. Instead of praying to allow O.S.No.126/1998, it is prayed to dismiss 2025:KER:15907 RSA Nos.156 & 157 OF 2005 11 O.S.No.126/1998. Counsel on both sides invited my attention to Paragraph 3 of the very same Application in which is stated that O.S.No.126/1998 is to be allowed. Since the Compromise Petitions were signed by several persons, both sides prayed this Court to make necessary order correcting the said typographical error in I.A. No.1/2025 in R.S.A No.156/2005 and to dispose of both the appeals recording the respective Compromise Application.
4. On going through the records of the case, it is seen that R.S.A No.156/2005 was filed by the 2nd plaintiff in O.S. No.126/1998. R.S.A No.157/2005 is filed by the appellant in R.S.A No.156/2005 and another who are the defendants in O.S. No.221/1998. The Trial Court decreed O.S. No.126/1998 and dismissed O.S. 2025:KER:15907 RSA Nos.156 & 157 OF 2005 12 No.221/1998. In A.S. No.50/2001 arising from O.S. No.126/1998 and A.S. No.64/2001 arising from O.S. No.221/1998, the First Appellate Court reversed the judgments in both the suits thereby dismissing O.S. No.126/1998 and decreeing O.S. No.221/1998. From the Compromise Applications, it is seen that the parties want to set aside the Appellate Court judgments in both the appeals and to restore the judgments and decrees passed by the Trial Court in both the suits. Thus, O.S. No.126/1998 is to be decreed, and O.S. No.221/1998 is to be dismissed.
5. I am satisfied that there occurred a typographical error in Line 4 in Paragraph No.4 of I.A. No.1/2025 in R.S.A.No.156/2005 that instead of praying to allow O.S. No.126/1998, it is prayed to dismiss O.S.No.126/1998 by 2025:KER:15907 RSA Nos.156 & 157 OF 2005 13 mistake.
6. Hence it is ordered that the word 'dismiss' in Line 4 in Paragraph No.4 of I.A. No.1/2025 in R.S.A.No.156/2005 is to be corrected and read as "allow".
7. The Compromise Applications filed as I.A.No.1/2025 in both the appeals are accepted subject to the above modification and these Regular Second Appeals are disposed of in accordance with the terms of the aforesaid Compromise Applications. Respective Compromise Application shall form part of each of the decrees.
Sd/-
M.A.ABDUL HAKHIM JUDGE sms