IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 SA.No. 235 of 1994(C) ------------------------------ AS.NO.42/1991 OF SUB COURT, KASARAGOD, OS.NO.292/1983 OF MUNSIFF COURT, KASARAGOD. .................... APPELLANT/R.21/D.25: --------------------------------- *1. K.M. MOIDU ALIAS K.M. MOIDEENKUNHI, *(DIED) S/O. ABDULLA HAJI, MUDATHADKA, PUTHIGE VILLAGE, KASARGOD TALUK. *ADDL. APPELLANTS 2 TO 8 IMPLEADED: 2. AYSHA, AGED 54 YEARS, W/O. LATE K.M. MOIDU, UJAMPADAV HOUSE, PUTHIGE.P.O., KASARGOD. 3. AYOOB.K.M, AGED 37 YEARS, S/O. LATE K.M. MOIDU, UJAMPADAV HOUSE, PUTHIGE.P.O., KASARGOD. 4. MUHAMMED SHEREEF K.M, AGED 35 YEARS, S/O. LATE K.M. MOIDU, UJAMPADAV HOUSE, PUTHIGE.P.O., KASARAGOD. 5. JABBARA.K.M, AGED 33 YEARS, S/O. LATE K.M. MOIDU, UJAMPADAV HOUSE, PUTHIGE.P.O, KASARGOD. 6. THAHIRA.K.M, AGED 31 YEARS, W/O. B.HAMEED, BALAPPIL HOUSE, P.O. MUGU. 7. K.M. MUJEEBUR RAHMAN, AGED 30 YEARS, S/O. LATE K.M. MOIDU, UJAMPADAV HOUSE, PUTHIGE.P.O., KASARGOD. 8. K.M. RAHILA, AGED 28 YEARS, W/O. NAZAR, KANDAL PARK HOUSE, EDANAD.P.O., VIA. KUMBALA. *ADDL. APPELLANTS 2 TO 8 ARE IMPLEADED AS THE LRS., OF DECEASED SOLE APPELLANT AS PER ORDER DT. 10/10/07 IN I.A. 1376/07. BY ADVS. MR.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU. S.A. NO. 235/1994: RESPONDENTS/PLAINTIFF/DEFENDANTS 2 TO 12, 15, 17 TO 24, 26 TO 60/ APPELLANT- RESPONDENTS 1 TO 20, 22 TO 56: --------------------------------------------------------------------------------------------------------- *1. M. MAHIN @ MAHINKUNHI HAJI, *(DIED) MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST, P.O. MUGU. *2. MOIDEENKUTTY, *(DIED), S/O. MALI AHAMADKUNHI, SANGAYAM, MUGU VILLAGE, POST MUGU, KASARGOD TALUK, KASARGOD DISTRICT. *3. AISAMMA, AGED 58 YEARS, GUDDE HOUSE, MUGU VILLAGE.P.O., KASARGOD TALUK, KASARGOD DIST. *(DIED) 4. MOHAMMAD KUNHI, AGED 58 YEARS. GUDDE HOUSE, MUGU VILLAGE.P.O., KASARGOD TALUK, KASARGOD DIST. 5. SEEDIKUNHI, AGED 49 YEARS, GUDDE HOUSE, MUGU VILLAGE.P.O., KASARGOD TALUK, KASARGOD DIST. 6. IBRAHIM, AGED 47 YEARS, GUDDE HOUSE, MUGU VILLAGE.P.O., KASARGOD TALUK, KASARGOD DIST. *7. MAHINKUNHI, *(DIED) AGED 51 YEARS, GUDDE HOUSE, MUGU VILLAGE.P.O., KASARGOD TALUK, KASARGOD DIST. 8. MOHAMMAD, AGED 53 YEARS, S/O. SEEKIKUNHI, MALI HOUSE, MUGU VILLAGE , KASARGOD TALUK, KASARGOD DIST., P.O. MUGU. 9. ANDUNHI HAJI, AGED 47 YEARS. S/O. SEEDIKUNHI, MALI HOUSE, MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. MUGU. 10. SULEKHAMMA, AGED 63 YEARS, W/O. SEEDI KUNHI, SANGAYAM OF MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. MUGU. 11. FATHIMATH SHORA, AGED 45 YEARS, D/O. SEEDI KUNHI, SANGAYAM OF MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. MUGU. 12. NAFEESA, AGED 42 YEARS, D/O. SEEDI KUNHI, SANGAYAM OF MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. MUGU. S.A. NO. 235/1994: *13. SULEKHAMMA, *(DIED) W/O. ABDUNHI HAJI, OLAYAM, SHIRIYA VILLAGE, KASARGOD TALUK, KASARGOD DIST, P.O. SHIRIYA. 14. KHADEEJAMMA, AGED 63 YEARS, W/O. KOLLAKODI ANDUNHI, OLAYAM, SHIRIYA VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. SHIRIYA. 15. MARIYAMMA, AGED 61 YEARS, W/O. MAMMUNHI HAJI, PERLA KHANDIGE, ENMAKAJE VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT. 16. BEEBI ALIAS BEEPATHUMMA, AGED 59 YEARS, W/O. ABDULRAHIMAN MASTER, NAIMMARMOOLE, MUTTATHODY VILLAGE, KASARGOD TALUK, KASARAGOD DISTRICT, P.O. VIDYNAGAR. 17. KUNHIMON ALIAS MOHAMMAD, AGED 56 YEARS, S/O. ABDULLA URUNNIS HOUSE, MUGU VILLAGE, KASARAGOD TALUK, KASARAGOD DIST., P.O. MUGU. 18. SEEDIKUNHI, AGED 51 YEARS, S/O. ABDULLA URUNNIS HOUSE, MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. MUGU. 19. NAFEESA, AGED 47 YEARS, S/O. ABDULLA URUNNIS HOUSE, MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. MUGU. 20. HAMEED, AGED 45 YEARS, S/O. ABDULLA, URUNNIS HOUSE, MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. MUGU. *21. BAPUNHI HAJI, *(DIED) AGED 88 YEARS, S/O. SEEDI KUNHI, SANGAYAM OF MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. MUGU, (NOW EXPIRED). 22. A.K. MOHAMMAD, AGED 91 YEARS, S/O. ANDU, AGGITHALA, KUBANOOR VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. BALOOR. *23. ASYAMMA, *(DIED), D/O. ANDU, AGGITHALA, KUBANOOR VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. BALOOR. S.A. NO. 235/1994: 24. BEEPATHUMMA, AGED 74 YEARS, D/O. ANDU, AGGITHALA, KUBANOOR VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. BALOOR. 25. MARIYAMMA, AGED 66 YEARS, D/O. ANDU, AGGITHALA, KUBANOOR VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. BALOOR. *26. ABDULLA, *(DIED) S/O. KOLLAKODE MAMMUNHI, OLAYAM, SHIRIYA VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. SHIRIYA. *27. SEEDIKUNHI, *(DIED) S/O. KOLLAKODE MAMMUNHI, OLAYAM, SHIRIYA VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. SHIRIYA. 28. IBRAHIM, AGED 78 YEARS, S/O. KOLLAKODE MAMMUNHI, OLAYAM, SHIRIYA VILLAGE, KASARGOD TALUK, KASARGOD DIST, P.O. SHIRIYA. 29. MARIYAMMA, AGED 72 YEARS, S/O. KOLLAKODE MAMMUNHI, OLAYAM, SHIRIYA VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. SHIRIYA. *30. BEEPATHUMMA, *(DIED) D/O. ABDULRAHIMAN, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. *31. ASYAMMA, *(DIED) W/O. KLOIGAL HASSAINAR, MUTTATHODY VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. *32. AISABI, *(DIED) AGED 73 YEARS SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA (NOW EXPIRED). 33. UMMALIAMMA, AGED 71YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. 34. ZAINABA, THOTA, PUTHIGE VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. PUTHIGE. S.A. NO. 235/1994: 35. T. SEEDIKUNHI, THOTA, PUTHIGE VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. PUTHIGE. *36. T. BEEPATHUMMA, *(DIED) AGED 77 YEARS, SANGAYAM, MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. MUGU. (NOW EXPIRED). *37. T. AISABI, *(DIED) AGED 75 YEARS, SANGAYAM, MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. MUGU. *38. T. SEKALI, *(DIED) AGED 73 YEARS, THOTA PUTHIGE VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. PUTHIGE. 39. T. ABDULLA, AGED 73 YEARS, THOTA, PUTHIGE VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. PUTHIGE. 40. T. ASYAMMA, AGED 71 YEARS, SANGAYAM, MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. MUGU. 41. T. ABDULRAHIMAN, AGED 65 YEARS, SANGAYAM, MUGU VILLAGE, KASARGOD TALUK, KASARGOD DIST., P.O. MUGU. 42. SMT. MARIYAMMA, AGED 73 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. 43. SMT. AVVAMMA, AGED 52 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. 44. MOHAMMAD, AGED 48 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. 45. HAMEED, AGED 44 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. 46. AZEEZ, AGED 37 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O.PATLA. S.A. NO. 235/1994: 47. SUBAIDA, AGED 36 YEARS, D/O. IBRAHIM, -DO- -DO-. 48. RAMLA, AGED 32 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. 49. KHAIRUNNISA, 30 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. 50. NABEESA, AGED 63 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. 51. ABDULRAHIMAN, AGED 42 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. 52. AYSHA, AGED 35 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. 53. MOHAMMAD, AGED 29 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O.PATLA. 54. ABOOBACKER, 30 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. 55. ABDULKHADER, 25 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. 56. HAMEED, AGED 28 YEARS, SASIHITHALU, PATLA VILLAGE, KASARGOD TALUK, KASARGOD DISTRICT, P.O. PATLA. *ADDL. RESPONDENTS 57 TO 64 IMPLEADED: 57. B. ASYAMMA, SHAKEER MANZIL, UJAMPADAVU.P.O., PUTHIGE, PUTHIGE VILLAGE, KASARAGOD TALUK. 58. ABDULLA KUNHI, SHAKEER MANZIL, UJAMPADAVU.P.O., PUTHIGE, PUTHIGE VILLAGE, KASARAGOD TALUK. S.A. NO. 235/1994: 59. KADEEJA, SHAKEER MANZIL, UJAMPADAVU.P.O., PUTHIGE, PUTHIGE VILLAGE, KASARAGOD TALUK. 60. BEEPATHUMA, SHAKEER MANZIL, UJAMPADAVU.P.O., PUTHIGE, PUTHIGE VILLAGE, KASARAGOD TALUK. 61. MARIAMMA, SHAKEER MANZIL, UJAMPADAVU.P.O., PUTHIGE, PUTHIGE VILLAGE, KASARAGOD TALUK. 62. SHAKEER, AGED 21 YEARS, SHAKEER MANZIL, UJAMPADAVU.P.O., PUTHIGE, KASARAGOD TALUK. 63. MOHAMMED KUNHI ABBAS. SHAFEEK MANZIL, UJAMPADAVU.P.O., PUTHIGE, PUTHIGE VILLAGE, KASARAGOD TALUK. 64. C.K. ABDUL MAJEED, S/O. LATE C.K. MOHAMMEDKUTTY MUSLIAR, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER BEEFATHIMA, RESIDING AT UJAMPADAVU, P.O. PUTHIGE, PUTHIGE VILLAGE, KASARAGOD TALUK. *ADDL. RESPONDENTS 57 TO 64 ARE IMPLEADED AS PER ORDER DT. 06/10/03 ON I.A. 918/03. *ADDL. RESPONDENTS 65 TO 69 IMPLEADED: *65. ZAINABA, AGED 78 YEARS, MALI HOUSE, MUGU VILLAGE POST MUGU (VIA) KUMBLA, KASARAGOD TALUK, KASARAGOD DISTRICT. *(DIED) 66. BEEPATHU, AGED 55 YEARS, W/O. ALAMPADY MOHAMMED, MALI HOUSE, MUGU VILLAGE POST, MUGU (VIA) KUMBLA, KASARGOD TALUK, KASARAGOD DISTRICT. 67. MARIYAMMA, AGED ABOUT 51 YEARS, W/O. MAMMU, POOVALE HOUSE, P.O. NEERCHAL, KASARGOD TALUK, KASARAGOD DISTRICT. 68. KHADIJA, AGED ABOUT 48 YEARS, W/O. ALI, KANDAL HOUSE, BADOOR VILLAGE, P.O. BADOOR (VIA), KUMBLA, KASARGOD TALUK, KASARGOD DISTRICT. S.A. NO. 235/1994: 69. ZOHARA, AGED ABOUT 43 YEARS, W/O. ABOOBACKER, MALI HOUSE, MUGU VILLAGE, POST MUGU (VIA) KUMBLA, KASARAGOD TALUK, KASARGOD DISTRICT. *IT IS REPORTED THAT R3 & R65 DIED AND R4 TO R7 AND R66 TO R69 ARE RECORDED AS LR'S OF DECEASED R3 & R65, VIDE MEMO DATED 27/10/2009. *ADDL. RESPONDENTS 65 TO 69, WHO ARE LEGAL HEIRS OF DECEASED R2 ARE IMPLEADED AS PER ORDER DTD. 07/02/08 IN CMP. NO. 2859/1998. *ADDL. RESPONDENTS 70 TO 74 IMPLEADED: 70. MOHAMMAD, S/O. LATE IBRAHIM AGGITHALA, KUBENOOR VILLAGE, P.O. BEKUR, KASARGOD TALUK, KASARGOD DISTRICT. 71. ABDULKHADER, S/O. LATE IBRAHIM AGGITHALA, KUBENOOR VILLAGE, P.O. BEKUR, KASARGOD TALUK, KASARGOD DISTRICT. 72. ABDULRAHIMAN, S/O. LATE IBRAHIM AGGITHALA, KUBENOOR VILLAGE, P.O. BEKUR, KASARGOD TALUK, KASARGOD DISTRICT. 73. MOHIUDDEEN, S/O. LATE IBRAHIM AGGITHALA, KUBENOOR VILLAGE, P.O. BEKUR, KASARGOD TALUK, KASARGOD DISTRICT. 74. MYMOONA, D/O. LATE IBRAHIM AGGITHALA, KUBENOOR VILLAGE, P.O. BEKUR, KASARGOD TALUK, KASARGOD DISTRICT. *LEGAL REPRESENTATIVES OF DECEASED R.23 ARE IMPLEADED AS ADDL. RESPONDENTS 70 TO 74 AS PER ORDER DATED 07/02/2008 IN C.M.P. NO.2860/98. *ADDL. RESPONDENTS 75 TO 80 IMPLEADED: 75. AVVAMMA, AGED ABOUT 68 YEARS, W/O. MOIDEENKUNHI AND SEEDIKUNHI, THURUTHI HOUSE, P.O. SHIRIYA (VIA) KUMBLA, KASARGOD TALUK, KASARGOD DISTRICT. 76. MUHAMMAD, AGED ABOUT 55 YEARS, AT OLAYAM, SHIRIYA HOUSE, P.O. SHIRIYA (VIA) KUMBLA, KASARAGOD TALUK, KASARAGOD DISTRICT. 77. KHADIJA, AGED ABOUT 53 YEARS, W/O. ABOOBACKER, OLAYAM, SHIRIYA HOUSE, P.O. SHIRIYA (VIA) KUMBLA, KASARAGOD DISTRICT. S.A. NO. 235/1994: 78. ALIKUNHI, AGED ABOUT 51 YEARS, OLAYAM, SHIRIYA HOUSE, P.O. SHIRIYA, (VIA) KUMBLA, KASARAGOD DISTRICT. 79. SATHAR, AGED ABOUT 48 YEARS, OLAYAM, SHIRIYA HOUSE, P.O. SHIRIYA (VIA), KUMBLA, KASARAGOD TALUK, KASARAGOD DISTRICT. 80. RUKHYA, AGED ABOUT 51 YEARS, W/O. MUHAMMED, KANCHIKATTA, UPPALA VILLAGE, P.O. UPPALA, KASARAGOD TALUK , KASARAGOD DISTRICT. *ADDL. RESPONDENTS 75 TO 80 ARE IMPLEADED AS LEGAL HEIRS OF DECEASED R.27 AS PER ORDER DATED 07/02/2008 IN C.M.P. NO. 2861/1998. *ADDL. RESPONDENTS 81 TO 85 IMPLEADED: 81. ABOOBACKER, KOLLANGODE, SHIRIYA VILLAGE, AND POST KUMBLA, KASARGOD TALUK, KASARGOD DISTRICT. 82. UMMER, KOLLANGODE, SHIRIYA VILLAGE, AND POST KUMBLA, KASARGOD TALUK, KASARGOD DISTRICT. 83. USMAN, KOLLANGODE, SHIRIYA VILLAGE, AND POST KUMBLA, KASARGOD TALUK, KASARGOD DISTRICT. 84. NEBISA, ARAMANA VALAPPU HOUSE, PATLA VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. 85. BEEPATHUMMA, KOLLANGODE, SHIRIYA VILLAGE AND POST KUMBLA, KASARAGOD TALUK, KASARAGOD DISTRICT. *ADDL.RESPONDENTS 81 TO 85 IMPLEADED AS LHS., OF DECEASED R.26 AS PER ORDER DTD. 07/02/08 IN CMP.2862/98. *ADDL. RESPONDENTS 86 & 87 IMPLEADED: *86. AKKARE ABBAS, KODIBALI, HIDAYATH NAGAR, MUTTATHODY VILLAGE, P.O. VIDYANANAGAR, KASARAGOD TALUK, KASARAGOD DISTRICT. S.A. NO. 235/1994: 87. KHADIJA, W/O. P.T. MOHAMMED, AT PUTHIYAPURA, MUGU VILLAGE AND POST (VIA) KUMBLA, KASARAGOD TALUK, KASARAGOD DISTRICT. *ADDL. RESPONDENTS 86 & 87 ARE IMPLEADED AS LRS. OF R.31 AS PER ORDER DTD. 07/02/08 IN C.M.P. NO. 2863/1998. *ADDL. RESPONDENTS 88 TO 91 IMPLEADED: 88. MARIYUMMA, AGED 78 YEARS, W/O. ABDULLA, POYYA VALAPPU, MAJAL, SHIRIBAGLU VILLAGE, P.O. MAIPADY, KASARAGOD TALUK AND DISTRICT. 89. AISABI, AGED 71 YEARS, W/O. M.T. MOHAMMAD, RESIDING AT YENIYADI, P.O. BANDADKA, (VIA) CHENGALA, KASARAGOD TALUK, KASARAGOD DISTRICT. 90. NEBISA, AGED 65 YEARS, W/O. BEERAN MOIDIN, RESIDING AT MADHUR IN MADHUR VILLAGE, P.O. MADHUR, KASARAGOD TALUK AND DISTRICT. 91. ABDULRAHIMAN, AGED 61 YEARS, S/O. MOHAMMADKUNHI, RESIDING AT ARAMANA VALAPPU, PATLA VILLAGE, P.O. PATLA, KASARAGOD TALUK & DISTRICT. *ADDL. RESPONDENTS 88 TO 91 ARE IMPLEADED AS LEGAL HEIRS OF DECEASED R.30 AS PER ORDER DTD. 07/02/08 IN CMP.NO.1530/1999. *ADDL. RESPONDENTS 92 TO 96 IMPLEADED: 92. AVVAMMA, AGED 78 YEARS, W/O. COMPANY MOOSA, P.O. SHIRIYA, VIA. KUMBLA. 93. AYSHA, AGED 73 YEARS, W/O. MAMMUNHI, MADATHADKA HOUSE, P.O. KUNTHIKANA, (VIA) PERDALA. 94. MOHAMMED HAJI, AGED 68 YEARS, S/O. ABDULKHADER HAJI, P.O. SHIRIYA, VIA. KUMBLA. 95. ABOOBACKER, AGED 65 YEARS, S/O. ABDULKHADER HAJI, P.O. SHERIYA, VI.A. KUMBLA. S.A. NO. 235/1994: 96. MARIYAMMA, AGED 61 YEARS, W/O. ABDULLA HAJI, THOTTAM HOUSE, P.O.MUGU, VIA. KUMBLA. *ADDL. RESPONDENTS 92 TO 96 ARE IMPLEADED AS LHS., OF DECEASED R.13 AS PER ORDER DTD. 07/02/08 IN C.M.P. 1551/00. *ADDL. RESPONDENTS 97 TO 106 IMPLEADED: 97. BEEPATHIMA, AGED 51 YEARS, W/O. ABDULLA, SANGHAYAM MUGU VILLAGE AND POST (VIA), KUMBLA, KASARGOD TALUK AND DISTRICT.. 98. ZAINABA, AGED 48 YEARS, W/O. ABDULRAHIMAN, SANGHAYAM MUGU VILLAGE AND POST (VIA), KUMBLA, KASARGOD TALUK AND DISTRICT. 99. MARIYAMMA, AGED 45 YEARS, W/O. ABDULRAHIMAN, SANGHAYAM MUGU VILLAGE AND POST (VIA), KUMBLA, KASARGOD TALUK AND DISTRICT. 100. NAFISA, AGED 43 YEARS W/O. T.V. ABDULLA MOULAVI, SANGHAYAM MUGU VILLAGE AND POST (VIA), KUMBLA, KASARGOD TALUK AND DISTRICT.. 101. ABOOBACKER, AGED 42 YEARS, SANGHAYAM MUGU VILLAGE AND POST (VIA), KUMBLA, KASARGOD TALUK AND DISTRICT. 102. KHADIJA, AGED 41 YEARS, SANGHAYAM MUGU VILLAGE AND POST (VIA), KUMBLA, KASARGOD TALUK AND DISTRICT. 103. ABDULLA, AGED 40 YEARS, SANGHAYAM MUGU VILLAGE AND POST (VIA), KUMBLA, KASARGOD TALUK AND DISTRICT.. 104. RUKHYA, AGED 38 YEARS, W/O. ABDULKHADER MOULAVI, SANGHAYAM MUGU VILLAGE AND POST (VIA), KUMBLA, KASARGOD TALUK AND DISTRICT. 105. UMMER, AGED 37 YEARS, SANGHAYAM MUGU VILLAGE AND POST (VIA), KUMBLA, KASARAGOD TALUK AND DISTRICT. 106. JAMALUDDIN, AGED 36 YEARS, SANGHAYAM MUGU VILLAGE AND POST (VIA), KUMBLA, KASARGOD TALUK AND DISTRICT.. *ADDL. RESPONDENTS 97 TO 106 ARE IMPLEADED AS LHS., OF DECEASED R.1. AS PER ORDER DTD. 07/02/08 ON C.M.P.NO.1718/02. S.A. NO. 235/1994: *ADDL. RESPONDENTS 107 TO 111 IMPLEADED: 107. MARIYUMMA, AGED 44 YEARS, W/O. LATE AKKARE ABDULRAHIMAN, KODIYAL HOUSE, MADHUR VILLAGE, POST HITHAYATHU NAGAR, VIA. KASARGOD, KASARGOD DISTRICT. 108. JAMEELA, AGED 26 YEARS, D/O. LATE AKKARE ABDULRAHIMAN, KODIYAL HOUSE, MADHUR VILLAGE, POST HITHAYATHU NAGAR, VIA. KASARAGOD, KASARGOD DISTRICT. 109. BEEFATHIMA, AGED 23 YEARS, D/O. LATE AKKARE ABDULRAHIMAN, KODIYAL HOUSE, MADHUR VILLAGE, POST HITHAYATHU NAGAR, VIA. KASARGOD, KASARGOD DISTRICT. 110. FOUZIYA, AGED 20 YEARS, D/O. LATE AKKARE ABDULRAHIMAN, KODIYAL HOUSE, MADHUR VILLAGE, POST HITHAYATHU NAGAR, VIA. KASARGOD, KASARGOD DISTRICT. 111. RIZWANATH BEEVI, AGED 16 YEARS, REP. BY HER MOTHER & NEXT FRIEND MARIYUMMA, W/O. LATE AKKARE ABDUL REHIMAN, KODIYAL HOUSE, MADHUR VILLAGE, POST HITHAYATHU NAGAR, VIA. KASARAGOD, KASARAGOD DISTRICT. *ADDL. RESPONDENTS 107 TO 111 ARE IMPLEADED AS LRS. OF DECEASED R.86 AS PER ORDER DTD. 26/06/09 IN I.A. 599/04. *ADDL. RESPONDENTS 112 TO 120 IMPLEADED: 112. MARIYAMMA, AGED 53 YEARS, W/O. LATE SHEIKALI HAJI, THOTTAM HOUSE, MUGU VILLAGE, MUGU POST, KASARGOD. 113. MUHAMMED, AGED 33 YEARS, S/O. LATE SHEIKALI HAJI, THOTTAM HOUSE, MUGU VILLAGE, MUGU POST, KASARGOD. 114. ABDUL KHADER, AGED 30 YEARS, THOTTAM HOUSE, MUGU VILLAGE, MUGU POST, KASARGOD. S.A. NO. 235/1994: 115. SAINABA, AGED 27 YEARS, D/O. LATE SHEIKALI HAJI, THOTTAM HOUSE, MUGU VILLAGE, MUGU POST, KASARGOD. 116. SIDDIQUE, AGED 23 YEARS, S/O. LATE SHEIKALI HAJI, THOTTAM HOUSE, MUGU VILLAGE, MUGU POST, KASARGOD. 117. BEEFATHIMA, AGED 21 YEARS, D/O. LATE SHEIKALI HAJI, THOTTAM HOUSE, MUGU VILLAGE, MUGU POST, KASARGOD. 118. YOUSAUFF, AGED 19 YEARS, S/O. LATE SHEIKALI HAJI, REP. BY HIS MOTHER AND NEXT FRIEND MARIYAMMA WHO IS THE RESPONDENT NO.114 HEREIN THOTTAM HOUSE, MUGU VILLAGE, MUGU POST, KASARGOD. 119. HAIRUNNISA, AGED 17 YEARS, D/O. LATE SHEIKALI HAJI, REP. BY HIS MOTHER AND NEXT FRIEND MARIYAMMA WHO IS THE RESPONDENT NO.112 HEREIN THOTTAM HOUSE, MUGU VILLAGE, MUGU POST, KASARGOD. 120. ASHRAF, AGED 15 YEARS, S/O. LATE SHEIKALI HAJI, REP. BY HIS MOTHER AND NEXT FRIEND MARIYAMMA WHO IS THE RESPONDENT NO.112 HEREIN THOTTAM HOUSE, MUGU VILLAGE, MUGU POST, KASARGOD. *SUPPLIMENTAL RESPONDENTS 112 TO 120 ARE IMPLEADED AS LRS., OF R.38 AS PER ORDER DTD. 26/06/09 IN I.A. 2145/04. *SUPPLIMENTAL RESPONDENTS 121 TO 126 IMPLEADED: 121. ABDULLA.U.M., AGED 59 YEARS, S/O. MOHAMMED @ MAMU, URMI HOUSE, P.O. MUGU, (VIA) KUMBLA. 122. KUNHAMMED.U.M., AGED 53 YEARS, S/O. MOHAMMED @ MAMU, MARIKUNJI THOTA HOUSE, P.O. MUGU. 123. ABDUL RAHIMAN U.M, AGED 45 YEARS, S/O. MOHAMMED @ MAMU, MARIKUNJI THOTA HOUSE, P.O. MUGU – 671 321. S.A. NO. 235/1994: 124. ABOOBAKKER.U.M., AGED 39 YEARS, S/O. MOHAMMED @ MAMU, MARI KUNJU THOTA HOUSE, P.O. MUGU. 125. MAIMOONA.U.M., AGED 37 YEARS, W/O. T.ABDULLA KUNHI, THAMBIRAN VALAPPU PALLA, P.O. PATLA (VIA) KASARAGOD. 126. IBRAHIM @ UMBI, AGED 33 YEARS, S/O. MOHAMMED @ MAMU, VOOJAM PADAVU HOUSE, P.O. PUTHIGE, VIA. KUMBLA. *SUPPLIMENTAL RESPONDENTS 121 TO 126 ARE IMPLEADED AS LRS. OF R.37 AS PER ORDER DTD. 26/06/09 IN I.A. 71/05 . *ADDL. RESPONDENTS 127 TO 130 IMPLEADED: 127. NABEESA, AGED 35 YEARS, W/O. MAHINKUNHI, GUDDE HOUSE, POST MUGU, VIA. KUMBLA. 128. AYSHATH JASEELA, AGED 16 YEARS, D/O. LATE MAHIN KUNHI, REPRESENTED BY THEIR MOTHER AND NEXT FRIEND NABEESA, DO-DO. 129. ZAINABETH SABEEBA, AGED 14 YEARS, D/O. LATE MAHIN KUNHI, REPRESENTED BY THEIR MOTHER AND NEXT FRIEND NABEESA, DO- -DO-. 130. FATHIMATH HABEEBA, AGED 12 YEARS, D/O. LATE MAHIN KUNHI, REPRESENTED BY THEIR MOHTER AND NEXT FRIEND NABEESA, DO. DO. *ADDL. R.127 TO R.130 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED R.7 AS PER ORDER DATED 23/12/2009 IN I.A. NO. 2824/2009. *ADDL. RESPONDENTS 131 TO 137 IMPLEADED: 131. P.M. MUHAMMED HAJI, AGED 65 YEARS, S/O. P. BAPUNHI HAJI, VOOJANPADAVU HOUSE, P.O. PUTHIGA, VIA KUMBLA – 671 321. 132. P. ABDULLA HAJI, AGED 62 YEARS, S/O. P. BAPUNHI HAJI, POTTUVALAM HOUSE, P.O. PUTHIGA, VIA. KUMBLA – 671 321. S.A. NO. 235/1994: 133. HAJI.P. SAHEED MUSLIYAR, AGED 55 YEARS, S/O. P. BAPUNHI HAJI, SANGAYAMKARA HOUSE, P.O. MUGU, VIA. KUMBLA – 671 321. 134. P. ABDUL KHADER, AGED 52 YEARS, S/O. P. BAPUNHI HAJI, SANGAYAMKARA HOUSE, P.O. MUGU, VIA. KUMBLA – 671 321. 135. UMMALIMMA ALIAS UMMANCHI, AGED 50 YEARS, D/O. P. BAPUNHI HAJI, W/O. MUHAMMED HAJI, KUNJAR HOUSE, P.O. BELA, VIA. KUMBLA. 136. P. ABDUL RAHIMAN HAJI, AGED 48 YEARS, S/O. P. BAPUNHI HAJI, JULANI HOUSE,KALATHOOR, P.O. ICHILAMPADY, VIA. KUMBLA. 137. HAJI P. IBRAHIM MUSLIAR ALIAS UMBAI, AGED 45 YEARS, S/O. P. BAPUNHI HAJI, VOOJANPADAVU HOUSE, P.O. PUTHIGA, VIA. KUMBLA – 671 321. *ADDL. RESPONDENTS 131 TO 137 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED R.21 AS PER ORDER DATED 23/12/2009 IN I.A. NO. 2059/2009. *ADDL. RESPONDENTS 138 & 139 IMPLEADED: 138. P.C. ABDULLA, S/O. LATE AISABI, AGED 58 YEARS, PATLA VILLAGE, KASARGOD. 139. KHADEEJA, D/O. LATE AISABI, AGED 56 YEARS, PATLA VILLAGE, KASARGOD. *ADDL. RESPONDENTS 138 & 139 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED R.32 AS PER ORDER DATED 23/12/2009 IN I.A. NO. 2824/2009. *ADDL. RESPONDENTS 140 & 141 IMPLEADED: 140. NAFEESA, AGED 42 YEARS, W/O. ARABI, THOTTAM HOUSE, VIA. KUMBLA, P.O. MUGHU. S.A. NO. 235/1994: 141. HAMEED, AGED 38 YEARS, S/O. T. ABDULLA, THOTTAM HOUSE, P.O. MUGHU. *ADDL. RESPONDENTS 140 & 141 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED RESPONDENT NO.36 AS PER ORDER DATED 23/12/2009 IN I.A. NO.2062/2009. *IT IS REPORTED THAT R.3 & R.65 DIED AND R4 TO R7 AND R.66 TO R.69 ARE RECORDED AS LEGAL REPRESENTATIVES OF DECEASED R.3 & R.65 VIDE MEMO DATED 27/10/09. BY ADVS. SRI.D.KRISHNA PRASAD, SRI.D.NARENDRANATH, ADV. SRI.SURESH KUMAR KODOTH. THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOMAS P JOSEPH, J. ---------------------------------------- S.A.No.235 of 1994C and I.A.No.3 of 2010 --------------------------------------- Dated this 03rd day of March, 2010 JUDGMENT The second appeal arises from judgment and decree of learned Sub Judge, Kasaragod in A.S.No.42 of 1991 reversing judgment and decree of learned Munsiff, Kasaragod in O.S.No.292 of 1983 and passing a preliminary decree for partition. Learned Munsiff had dismissed the suit against which original plaintiff took up the matter in appeal. The first appellate court has in reversal of the judgment and decree granted a preliminary decree for partition. That is challenged in this court at the instance of defendant No.25. In the meantime original plaintiff and original defendant No.1 died and their legal representatives are impleaded. While so, with the intervention of mediators and well wishers the parties entered into a settlement and have filed a compromise petition (I.A.No.3 of 2010). Since some of the parties to the second appeal are minors (respondent Nos.111, 119, 120 and 128 to 130), parties have filed I.A.No.122 of 2010, 411 of 2010 and 617 of 2010 seeking leave of this court to enter into compromise on behalf of the said minor respondents. They also filed I.A.No.477 of 2010 to appoint the mother of the respective minor S.A.No235 of 1994 2 respondents who are already on the party array as their guardians. As per order on I.A.No.607 of 2010, notice of I.A.No.477 of 2010 was given to the natural guardians of the said minor respondents, ie. their paternal uncles. I have by separate order allowed I.A.Nos.477 of 2010 since the natural guardians have not come forward to act as guardians of the minor respondents. I have also by separate order allowed I.A.Nos.122 of 2010, 411 of 2010 and 617 of 2010 and granted leave to enter into compromise. 2. Now what remained is I.A.No.3 of 2010, the compromise petition. Details of the compromise are stated in the application. The parties have agreed to divide the property accordingly and showing the division a plan is also appended to I.A.No.3 of 2010. I do not find reason to refuse permission to record compromise. Accordingly I.A.No.3 of 2010 is allowed and the compromise is accepted and recorded. 3. It is submitted by counsel on both sides that the parties are already in possession of their respective shares as shown in I.A.No.3 of 2010 and the plan appended thereto. It is pointed out that this court vide order dated 03-03-1999 had appointed a Receiver to take possession of the suit property. In view of the compromise and in the light of submission made by learned counsel on both sides that parties are in possession of the respective plots as per plan appended to S.A.No235 of 1994 3 I.A.No.3 of 2010. I do not consider it necessary to continue with the receivership. Accordingly, the receiver is discharged. So far as the income if any collected by the receiver and its distribution among the sharers is concerned, it will be open to the parties to move the trial court for appropriate orders for distribution of income if any after meeting the expenses of the receiver (as the trial court may order), in the lines parties have agreed to divide the property in I.A.No.3 of 2010. Resultantly I.A.No.3 of 2010 is allowed and the second appeal is disposed of in terms of the compromise. In substitution of the decree of the first appellate court a decree is passed in terms of the compromise. The compromise petition and plan appended to it shall form part of the decree of this court. THOMAS P JOSEPH, JUDGE Sbna/