Dismissed

Kalliyil Hamzakoya v. Kalliyil Nabeesa

Kerala HC18 Dec 2023RSA/538/2022

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed two regular second appeals filed by Hamzakoya against decrees passed by the District Judge, Kozhikode, in property matters, as the appellant failed to appear and the counsel for the respondent proceeded for a final hearing.

What did the court decide?

The regular second appeals dismiss for non-prosecution; all interlocutory applications dismissed; interim stay on executing the decree vacated.

Kalliyil Hamzakoya Vs Kalliyil Nabeesa — Property and Title | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945

¶5

RSA NO. 496 OF 2022

¶6

AGAINST THE DECREE AND JUDGMENT DATED 21.08.2019 IN A.S.NO.69/2018 ON
THE FILES OF THE COURT OF THE I ADDITIONAL DISTRICT JUDGE, KOZHIKODE
AROSE FROM THE DECREE AND JUDGMENT DATED 09.01.2018 IN

¶7

O.S.NO.166/2007 ON THE FILES OF THE COURT OF THE I ADDITIONAL

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SUBORDINATE JUDGE, KOZHIKODE

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APPELLANT/APPELLANT/DEFENDANT NO.2:

¶10

HAMZAKOYA

¶11

AGED 54,
S/O.POKKAR, KALLIYIL HOUSE, NADUVATTOM AMSOM DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT - 679 571.
PARTY IN PERSON

¶12

RESPONDENTS/RESPONDENTS/PLAINTIFF AND DEFENDANT NOS.3 TO 5:

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1KALLIYIL NABEESA
AGED 64 YEARS, D/O.POKKER (DISPUTED),
NADUVATTOM AMSOM DESOM, KOZHIKODE, RESIDING AT
KOTTIYATTU PARAMBA, RAMAKRISHNA MISSION SCHOOL,
PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK - 679 571.
2MARIYAMBHI

¶14

AGED 45 YEARS
W/O.LATE IBRAHIM, KALLIYIL HOUSE, POOLIYITHAZHAM,
VELLAYIKKODE AMSOM DESOM, KOZHIKODE TALUK,
KOZHIKODE DISTRICT

¶15

NOW RESIDING AT KALLIYIL HOUSE, CHAKKORIKADU PARAMBA,
ARAKINAR POST, NADUVATTOM AMSOM DESOM, KOZHIKODE TALUK,
KOZHIKODE DISTRICT - 673 028.

¶16

3RIYAZ
AGED 32 YEARS
S/O.LATE IBRAHIM, KALLIYIL HOUSE, POOLIYILTHAZHAM,
VELLAYIKKODE AMSOM DESOM, KOZHIKODE TALUK,
KOZHIKODE DISTRICT

¶17

NOW RESIDING AT KALLIYIL HOUSE, CHAKKORIKADU PARAMBA,
ARAKINAR POST, NADUVATTOM AMSOM, KOZHIKODE TALUK,
KOZHIKODE DISTRICT - 673 028.

¶18

R.S.A. Nos. 496 & 538 of 2022

¶19

¶20

4RISWANA
AGED 30 YEARS
D/O.LATE IBRAHIM, KALLIYIL HOUSE, POOLIYILTHAZHAM,
VELLAYIKKODE AMSOM DESOM, KOZHIKODE TALUK
KOZHIKODE DISTRICT, NOW RESIDING AT KALLIYIL HOUSE,
CHAKKORIKADU PARAMBA, ARAKINAR POST, NADUVATTOM AMSOM
DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT - 673 028.
BY ADVS.
V.V.SURENDRAN - R1
P.A.HARISH - R1

¶21

THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
18.12.2023 ALONG WITH R.S.A.NO.538/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶22

R.S.A. Nos. 496 & 538 of 2022

¶23

¶24

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

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MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945
RSA NO. 538 OF 2022

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AGAINST THE DECREE AND JUDGMENT DATED 21.08.2019 IN A.S.NO.71/2018

¶29

ON THE FILES OF THE COURT OF THE I ADDITIONAL DISTRICT JUDGE,
KOZHIKODE AROSE FROM THE DECREE AND JUDGMENT DATED 09.01.2018 IN
O.S.NO.251/2012 ON THE FILES OF THE COURT OF THE I ADDITIONAL
SUBORDINATE JUDGE, KOZHIKODE

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APPELLANT/APPELLANT/PLAINTIFF:

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KALLIYIL HAMZAKOYA

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AGED 54 YEARS

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S/O.KALLIYIL POKKAR, KALLIYIL HOUSE, ARAKKINAR P.O.,
CHAKORIKADU PARAMB, NADUVATTOM AMSOM DESOM, KOZHIKODE.

¶34

PARTY IN PERSON

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RESPONDENTS/RESPONDENTS/DEFENDANTS:

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1KALLIYIL NABEESA
AGED 65 YEARS
D/O.KALLIYIL POCKER (DISPUTED) NADUVATTOM AMSOM DESOM,
KOZHIKODE, NOW RESIDING AT KOTTIYATTU PARAMBA, NEAR
RAMAKRISHNA MISSION SCHOOL, PANNIYANKARA AMSOM DESOM,
KOZHKODE - 679 571.

¶37

2MARIYAKUTTY
AGED 47 YEARS
W/O.LATE IBRAHIM, KALLIYIL HOUSE, CHAKORIKADU PARAMBU,
ARAKINAR P.O., NADUVATTOM AMSOM DESOM,
KOZHIKODE - 673 028.

¶38

3RIYAZ
AGED 32 YEARS

¶39

S/O.LATE IBRAHIM, KALLIYIL HOUSE, CHAKORIKADU PARAMB,
ARAKINAR P.O., NADUVATTOM AMSOM DESOM,
KOZHIKODE - 673 028.

¶40

R.S.A. Nos. 496 & 538 of 2022

¶41

¶42

4SEENA
AGED 30 YEARS
D/O.LATE IBRAHIM, KALLIYIL HOUSE, CHAKORIKADU PARAMB,
ARAKINAR P.O., NADUVATTOM AMSOM DESOM,
KOZHIKODE - 673 028.
BY ADVS.
V.V.SURENDRAN - R1
P.A.HARISH - R1
ASWATHI C. - R1

¶43

THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
18.12.2023 ALONG WITH R.S.A.NO.496/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶44

R.S.A. Nos. 496 & 538 of 2022

¶45

¶46

JUDGMENT

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Dated this the 18^th day of December, 2023

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These regular second appeals have been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure challenging the decrees and common judgment in A.S. Nos.69 and 71 of 2018 dated 21.08.2019 on the files of the Court of the District Judge, Kozhikode arose from the decrees and common judgment in O.S. No.166 of 2007 and O.S. No.251 of 2012 dated 09.01.2018 on the files of the Court of the Subordinate Judge, Kozhikode.

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The appellant and the counsel called absent.

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Though these appeals have been posted today for hearing finally as requested by the learned counsel for the respondents, the appellant did not turn up.

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Since the learned counsel for the appellant is not intended to proceed with these matters, these regular second appeals stand dismissed for non prosecution.

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R.S.A. Nos. 496 & 538 of 2022

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All interlocutory application also stand

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dismissed and the interim stay in executing the decree

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shall stand vacated.

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 Sd/-

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A. BADHARUDEEN

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JUDGE

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Kalliyil Hamzakoya v. Kalliyil Nabeesa

Case brief

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Kalliyil Hamzakoya v. Kalliyil Nabeesa

Case brief

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