IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 AS.No. 337 of 1992() -------------------- OS.235/1987 of PRL.SUB COURT, KOZHIKODE .................... APPELLANTS: ----------- 1. P.MAMMEDKOYA ALIAS KOYA, 2. BEERANKOYA. 3. KACHABI. 4. ASSANKOYA 5. EMBICHAMU 6. MUHAMMED MUGHATHAR 7. DUBAYIYA. 8. ASKAR. 9. BICHATHU. 10. BAIJAS. 11.SOUDIYA 12. P.AYYISSABEE. (APPELLANTS ARE RESIDING AT P.V.HOUSE, 16/204, NEAR D.S. HOSPITAL, FRANCIS ROAD, IDIYANGA, CALICUT-673 001.) BY ADV. SRI.M.C.SEN (SR.) SRI.A.PARVATHI MENON RESPONDENTS: ------------- 1. A.P.ALIKOYA, S/O. KUNHIRAYINKUTTY, P.O. HOUSE, NO.15/677, PARAPPIL, THANGAL'S ROAD, CALICUT – 673 001. (DIED) 2. AHAMMED KOYA, S/O. KUNHIRAYINKUTTY, KOSANI VEEDU, 16/462, FRANCIS ROAD, CHAMMANGAD, CALICUT – 673 001. 3. MARIYAMBEE, D/O KUNHIRAYINKUTTY, THUSHRA, B.P.9/46 MAVOOR PARAMBA,, MARAD BEACH ROAD, P.O. ARAKKINAR CALICUT – 673 018. 4. O.MAMMEDKOYA, MAPILA VEEDU, 16/221. IDIYANGARA ROAD, CALICUT – 673 001. 5. P.ABDUL LATHEEF, S/O. THAKKARAKATH ABOOBACKER,13/831 KULANGARA KANDY, THEEKUMTHALA CALICUT – 673 001. 6. P.ABDUL RASAK, DO. 7. JAMEELA, DO. 8. ABDUL AZEEZ. 9. SHAMSUDDEEN, DO. 10. SAFIYA DO. 11. ZACKERIYA DO. DO. 12.EMMAYYABEE, W/0. MOIDEEN KOYA, PUTHIYA NADUVILAGAM HOUSE, KOYA ROAD, PUTHEYANGADI, CALICUT – 673 021. 13. MAMMUKOYA, SHAMIYANA, MANANDALA PALAM, FRANCIS ROAD, CALICUT – 673 003. 14. THITHIBI P.V. HOUSE, 16/204, FRANCIS ROAD, NEAR D.S. HOSPITAL,KDYANGARA, CALICUT -1. 15. MAMEED KOYA, PUTHIYA PALLIVEEDU, 16/333 PARAPPIL,FRANCIS ROAD, CALICUT – 673 001. 16. KALMABEE, DO 17. FATHIMMA, DO. 18. RIYASMAMU 19. MUHAMMED FASAL. 20. SHAFSENA, 21. ELMAYI 22. AHAMMED. 23. A.KADDEESSABEE 24. A.KOYASSAN KOYA. 25. A.AMINA. 26. A.AYYISSABE 27. EMBICHIBEE 28. A.JAMEELA. ( ALL RESPONDENTS ARE RESIDING AT ARAKALAGAM HOUSE, 12/509 THEKKUMTHALA, P.O. SOUTH BEACH, CALICUT – 673 001). 29. P. KADEESSABEE. 30. P. MUHAMMED MUSTHAFA. ( RESPONDENTS 29 TO 30 ARE RESIDING AT THUSHRA, B.P. 9/46, MAVOOR PARAMBA, MARAD BEACH ROAD, P.O.ARAKKINAR CALICUT – 673 918). 31. ABDUL AZEEZ, P.M.HOUSE, HOUSE NO.12/510 THEKKUMTHALA P.O. SOUTH BEACH CALCIUT – 673 001. (MINOR – R20 – AGED 16, MINOR R21 AGED 14, AND MINOR R22 AGED 13 BY GUARDIAN 16TH RESPONDENT – KALMABEE) ADDL.R32: KATHEESABVI, AGED 70, W/O. ALIKOYA RESIDING AT H.N.15/1818, PARAPPIL, THANGAL'S ROAD, PUTHIYAPURA, P.O.PARAPPIL, KOSHIKODE – 673001. ADDL.33; KUNHAMMED KOYA, AGED 50 YEARS, S/O/ ALIKOYA, D0. DO. ADDL.34; MUHHAMMED KOYA, AGED 45 YEARS S/O. ALIKOYA, DO. DO. ADDL.35; AMINABVI, AGED 40 YEARS, S/O ALIKOYA, DO. DO. ADDL.36; AYISSABVI, AGED 33, D/O. ALIKOYA. ADDL.37; ABDUL MAJEED, AGED 40YEARS S/O. ALIYOYA, DO DO. ( THE ABOVE ADDL. RESPONDENTS 32 TO 37 ARE IMPLEADED AS THE LEGAL REPRESENTATIVE OF THE DECEASED R1 VIDE ORDER DATED 11.6.2004 IN CMP NO.5939/1997). BY ADV. SRI.P.K.MUSA SMT.SUMATHY DANDAPANI (SR.) FOR SRI.P.C.MOHSIN FOR SRI.V.I.ABDUL KAREEM FOR SRI.K.P.DANDAPANI (SR.) THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT TODAY ALSO THERE IS NO REPRESENTATION. THIS WW APPEAL IS DISMISED FOR DEFAULT. 27.5.2008 SD/- PIUS C.KURIAKOSE, JUDGE. ORDER ON CMP NO.4332/1992 IN A.S.337/1992 DISMISSED 27.5.2008 SD/- PIUS C.KURIAKOSE, JUDGE. /TRUE COPY/ P.A. TO JUDGE. P.N.Ravindran, J. =============== A.S. No.337 of 1992 ===================== Dated this the 11th day of February, 2009. JUDGMENT Sri.M.C. Sen, the learned Senior Advocate appearing for the appellants submits that the dispute involved in this appeal has been settled between the parties about five years back and that the appellants are therefore not desirous of prosecuting this appeal any further. In the light of the said submission, this appeal is closed as infructuous. P.N.Ravindran, Judge. ess 27/3 -: 2 :- P.N.Ravindran, J. =============== A.S. No.337 of 1992 ===================== Dated this the 28th day of January, 2009. ORDER I have heard the learned counsel appearing on either side at length. I have also gone through the pleadings and the materials on record. On going through the pleadings and the materials on record and having regard to the nature of the relationship between the parties, I feel that the parties should make an attempt to amicably settle the dispute. With a view to explore the possibilities of a settlement, I direct one among the appellants, one among additional respondents 32 to 37 in this appeal, representing the plaintiff, defendants 1, 3 and 4, one among defendants 5 to 11, one among defendants 12 to 15, one among defendants 27 to 33, one among defendants 35 to 40 and one among defendants 41 and 42 to be present in this Court at 10.15 A.M. on -: 3 :- 11.2.2009. The parties shall also endeavour to make available a sketch prepared by a qualified Surveyor showing the location and lie of the suit property. Post on 11.2.2009. The Registry is directed to issue certified copies of this order to the learned counsel on both sides, forthwith if applied for. P.N.Ravindran, Judge. ess 28/1