Second appeals filed under CPC order XLII Rule 1 and Section 100 by Hamzakoya against civil decrees. The appellant was absent and counsel did not proceed with the matter. The appeals were dismissed for non-prosecution.
The appeals stand dismissed for non-prosecution. Interlocutory applications are dismissed. Interim stay is vacated.
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
MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945
RSA NO. 496 OF 2022
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
O.S.NO.166/2007 ON THE FILES OF THE COURT OF THE I ADDITIONAL
SUBORDINATE JUDGE, KOZHIKODE
APPELLANT/APPELLANT/DEFENDANT NO.2:
HAMZAKOYA
AGED 54,
S/O.POKKAR, KALLIYIL HOUSE, NADUVATTOM AMSOM DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT - 679 571.
PARTY IN PERSON
RESPONDENTS/RESPONDENTS/PLAINTIFF AND DEFENDANT NOS.3 TO 5:
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
AGED 45 YEARS
W/O.LATE IBRAHIM, KALLIYIL HOUSE, POOLIYITHAZHAM,
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.
3RIYAZ
AGED 32 YEARS
S/O.LATE IBRAHIM, KALLIYIL HOUSE, POOLIYILTHAZHAM,
VELLAYIKKODE AMSOM DESOM, KOZHIKODE TALUK,
KOZHIKODE DISTRICT
NOW RESIDING AT KALLIYIL HOUSE, CHAKKORIKADU PARAMBA,
ARAKINAR POST, NADUVATTOM AMSOM, KOZHIKODE TALUK,
KOZHIKODE DISTRICT - 673 028.
R.S.A. Nos. 496 & 538 of 2022
2
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
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:
R.S.A. Nos. 496 & 538 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945
RSA NO. 538 OF 2022
AGAINST THE DECREE AND JUDGMENT DATED 21.08.2019 IN A.S.NO.71/2018
ON THE FILES OF THE COURT OF THE I ADDITIONAL DISTRICT JUDGE,
KOZHIKODE AROSE FROM THE DECREE AND JUDGMENT DATED 09.01.2018 IN
O.S.NO.251/2012 ON THE FILES OF THE COURT OF THE I ADDITIONAL
SUBORDINATE JUDGE, KOZHIKODE
APPELLANT/APPELLANT/PLAINTIFF:
KALLIYIL HAMZAKOYA
AGED 54 YEARS
S/O.KALLIYIL POKKAR, KALLIYIL HOUSE, ARAKKINAR P.O.,
CHAKORIKADU PARAMB, NADUVATTOM AMSOM DESOM, KOZHIKODE.
PARTY IN PERSON
RESPONDENTS/RESPONDENTS/DEFENDANTS:
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.
2MARIYAKUTTY
AGED 47 YEARS
W/O.LATE IBRAHIM, KALLIYIL HOUSE, CHAKORIKADU PARAMBU,
ARAKINAR P.O., NADUVATTOM AMSOM DESOM,
KOZHIKODE - 673 028.
3RIYAZ
AGED 32 YEARS
S/O.LATE IBRAHIM, KALLIYIL HOUSE, CHAKORIKADU PARAMB,
ARAKINAR P.O., NADUVATTOM AMSOM DESOM,
KOZHIKODE - 673 028.
R.S.A. Nos. 496 & 538 of 2022
4
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
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:
R.S.A. Nos. 496 & 538 of 2022
5
JUDGMENT
Dated this the 18th day of December, 2023
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.
R.S.A. Nos. 496 & 538 of 2022
6
All interlocutory application also stand
dismissed and the interim stay in executing the decree
shall stand vacated.
Sd/-
A. BADHARUDEEN
JUDGE
SK
Hamzakoya
Kalliyl Nabeesa
Mariyambhi
Riyaz
Riswana
A. Badharudeen
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court