Regular second appeals against decrees in suits between the parties were not pressed; counsel for appellants filed a memo of withdrawal and the High Court dismissed both appeals as not pressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
RSA NO. 572 OF 2010
AGAINST THE DECREE AND JUDGMENT DATED 23.09.2009 IN AS NO.68 OF 2006 ON
THE FILES OF THE I ADDITIONAL DISTRICT COURT, ERNAKULAM AROSE FROM THE
DECREE AND JUDGMENT DATED 14.12.2005 IN OS NO.891 OF 1998 ON THE FILES OF
THE III ADDITIONAL MUNSIFF AND RENT CONTROL COURT, ERNAKULAM
APPELLANTS/APPELLANTS/DEFENDANTSS:
1 IBRAHIMKUTTY,(DIED) (LHRS IMPLEADED) AGED 62 YEARS S/O.MARAKKAR,KUNNAPPILLY HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.2 SIDDIQUE S/O.IBRAHIMKUTTY, AGED 36 YEARS, KUNNAPPILLY HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.3 RAHIM S/O.IBRAHIMKUTTY, AGED 34 YEARS KUNNAPPILLY HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.4 LATHEEF S/O.IBRAHIMKUTTY, AGED 32 YEARS KUNNAPPILLY HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.5 ADDL.A5 SHEREEFA, AGED 65 YEARS, W/O.LATE IBRAHIMKUTTY, KUNNAPPILLY HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.6 ADDL.A6 BEEVI, W/O.BASHEER AND D/O.LATE IBRAHIMKUTTY, KUZHIKODE HOUSE, VAZHAKKALA P.O., KAKKANAD.(LEGAL HEIRS OF DECEASED 1ST APPELLANT ARE IMPLEADED AS
ADDL.APPELLANTS 5 AND 6 AS PER ORDER DATED 13.11.2019 IN
IA.3/2019)
BY ADVS.
A.BALAGOPALAN
M.S.IMTHIYAZ AHAMMED
KALA G.NAMBIAR
A.RAJAGOPALAN
R.S.A. Nos. 572 & 591 of 2010
2
RESPONDENTS/RESPONDENTS/PLAINTIFFS:
1 ITTAN ALIAS BENNYKUTTY S/O. ITHAPPIRI, AGED 57 YEARS,PALAL HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK (DIED).2 NIYA BENNY D/O.ITTAN ALIAS BENNYKUTTY AGED 29 YEARS, PALAL HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.3 REKHA BENNYKUTTY, AGED 47 YEARS W/O.LATE ITTAN ALIAS BENNYKUTTY, PALAL HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.4 TINA BENNYKUTTY, AGED 27 YEARS D/O.LATE ITTAN ALIAS BENNYKUTTY, PALAL HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK, (DIED). BY ADVS. SRI.M.P.RAMNATH SRI.BEPIN PAUL SMT.S.SANDHYA SRI.SHALU VARGHESE SRI.P.RAJESH (KOTTAKKAL) SEI.M.VARGHESE VARGHESE SRI.S.DEEPAK SRI.ANTONY THARIANTHIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
15.03.2024, ALONG WITH RSA.591/2010, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.S.A. Nos. 572 & 591 of 2010
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
RSA NO. 591 OF 2010
AGAINST THE DECREE AND JUDGMENT DATED 23.09.2009 IN AS NO.67 OF 2006
ON THE FILES OF THE I ADDITIONAL DISTRICT COURT, ERNAKULAM AROSE FROM
THE DECREE AND JUDGMENT DATED 14.12.2005 IN OS NO.88 OF 1996 ON THE
FILES OF THE III ADDITIONAL MUNSIFF AND RENT CONTROL COURT, ERNAKULAM
APPELLANTS/APPELLANTS/DEFENDANTS:
1 IBRAHIMKUTTY, (DIED) LRS IMPLEADED S/O.MARAKKAR, AGED 62 YEARS, KUNNAPPILLY HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.2 MEETHIAN KUNJU, AGED 57 YEARS S/O.MARAKKAR, AGED 57 YEARS,, KUNNAPPILLY HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.3 ADDL.A3 SHEREEFA, AGED 65 YEARS, W/O.LATE IBRAHIMKUTTY, KUNNAPPILLY HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.4 ADDL.A4BEEVI, W/O.BASHEER AND D/O.IBRAHIMKUTTY, RESIDING AT KUZHIKODE HOUSE, VAZHAKKALA P.O., KAKKANAD.5 ADDL.A5 SIDDIQUE, AGED 43 YEARS, S/O.IBRAHIMKUTTY, KUNNAPPILLY HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.6 ADDL.A6 RAHIM, AGED 41 YEARS, S/O.IBRAHIMKUTTY, KUNNAPPILLY HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.7 ADDL.A7 LATHEEF, AGED 39 YEARS, S/O.IBRAHIMKUTTY, KUNNAPPILLY HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.(THE LEGAL HEIRS OF DECEASED APPELLANT 1 ARE IMPLEADED AS
ADDITIONAL APPELLANTS 3,4,5,6,7 AS PER ORDER DATED
13.11.2019 IN IA.3/2019.)
BY ADVS.
SRI.M.S.IMTHIYAZ AHAMMED
SMT.KALA G.NAMBIAR
R.S.A. Nos. 572 & 591 of 2010
4
SRI.A.RAJAGOPALAN
RESPONDENTS/RESPONDENTS/PLAINTIFFS:
1 ITTAN ALIAS BENNYKUTTY, S/O.ITHAPPIRI, AGED 57 YEARS, PALAL HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK (DIED).2 NIYA BENNY, D/O.ITTAN ALIAS BENNYKUTTY, AGED 29 YEARS, PALAL HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.3 REKHA BENNYKUTTY, AGED 47 YEARS W/O.LATE ITTAN ALIAS BENNYKUTTY, PALAL HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.4 TINA BENNYKUTTY, AGED 27 YEARS D/O.LATE ITTAN ALIAS BENNYKUTTY, PALAL HOUSE, KAKKANAD KARA, KAKKANAD VILLAGE, KANAYANNUR TALUK.(DIED) BY ADVS. SRI.M.P.RAMNATH SMT.S.SANDHYA SRI.SHALU VARGHESE SRI.P.RAJESH (KOTTAKKAL) SRI.M.VARGHESE VARGHESE SRI.S.DEEPAK SRI.ANTONY THARIAN SRI.SEBASTIAN K.J. SRI.BIPIN PAUL SRI.GEORGE JOSHYTHIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
15.03.2024, ALONG WITH RSA.572/2010, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.S.A. Nos. 572 & 591 of 2010
5
JUDGMENT
Dated this the 15th day of March, 2024
These regular second appeals have been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure, 1908, challenging the decree and judgment in A.S. Nos.67 and 68 of 2006 dated 23.09.2009 on the files of the District Court, Ernakulam arose from the decree and judgment in O.S. No.88 of 1996 and O.S. No.891 of 1998 dated 14.12.2005 on the files of the III Additional Munsiff and Rent Control Court, Ernakulam.
Recording the submission, these regular second appeals stand dismissed as not pressed.
Sd/-
A. BADHARUDEEN JUDGE
SK
1 provisions across 1 enactments
Ibrahimkutty
Siddique
Rahim
Latheef
Shereefa
Beevi
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court