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``` AS Nos.281/1998, 488/1998 and RFA 394/2005 1 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.SOMARAJAN`** ``` THURSDAY, THE 21[ST] DAY OF JULY 2022 / 30TH ASHADHA, 1944 ``` ``` AS NO. 281 OF 1998 ``` ``` AGAINST THE JUDGMENT AND DECREE DATED 27/10/1997 IN OS 5/1997 OF DISTRICT COURT, LAKSHADWEEP, KAVARATTI ISLAND ``` ``` APPELLANTS/DEFENDANTS 1 TO 9,12,13 AND 53 TO 64: ``` - **`1 KANJARAKKADA SHAIK KOYA, S/O.CHODATH KOYAMMAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`2 KANJARAKKADA ATTAKOYA, S/O.CHODATH KOYAMMAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`3 KANJARAKKADA ABDUL JABBAR, S/O. CHODATH KOYAMMAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`4 KANJARAKKADA AKBARKHAN, (WRONGLY SHOWN IN THE PLAINT AS KABIRKHAN), S/O.CHODATH KOYAMMAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`*5 P.P.THITHICHAMMADAPURA MARIYOMMABI, D/O.MERIYAMMADA SAYEDMOHAMMED KOYA, AND 2ND W/O.CHODATH KOYAMMAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** ``` (IT IS RECORDED THAT 5TH APPELLANT DIED AND APPELLANTS 6 TO 9 AND 12 ALREADY THE PARTY ARRAY ARE THE LEGAL REPRESENTATIVES OF THE DECEASED 5TH APPELLANT VIDE ORDER DATED 01.08.2001 ON MEMO DATED 11.07.2001 C.F.NO.5868/2001. ``` ``` *6P.P.THITHICHAMMADAPURA POOKUNHIKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP. (DIED) ``` - **`7 P.P.THITHICHAMMADAPURA PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`8 P.P.THITHICHAMMADAPURA THAJUNNISABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`9 P.P.THITHICHAMMADAPURA KHAYARUNNISABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`*10 SEKKUMMADA SAFAIYABI, D/O.CHODATH POOKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP. (DIED).`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 2 ``` ## **`*11 SEKKUMMADA SYED KOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED)`** - **`12 P.P.THITHICHAMMADAPURAM MOHAMMED HAKKIM (MINOR), BY GUARDIAN 5TH APPELLANT.`** - **`*13 NEELATHUPURA NALLAKOYA, S/O.SEKKUMMADA KOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).`** - **`14 NEELATHUPURA KASMIKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`15 NEELATHUPURA FATHIMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`16 NEELATHUPURA THJUNNISABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`17 NEELATHUPURA SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`18 NEELATHUPURA MOHAMMED RAFEEQ (MINOR, AGED 10), REPRESENTED BY BROTHER AND GUARDIAN NEELATHUPURA NALLAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`19 NEELATHUPURA MOHAMMED FAISAL, (MINOR, AGED 14) REPRESENTED BY BROTHER AND GUARDIAN, NEELATHUPURA NALLAKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`20 PALLIPURA SAROMMABI, W/O.SYED MOHAMMED KOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`21 PALLIPURA SHAIK KOYA, S/O.PALLIPURA SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`22 PALLIPURA HABUSABI, D/O.PALLIPURA SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`23 PALLIPURA RAHIL,`** - **`S/O.PALLIPURA SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`ADDL.A24 SEKKUMMADA AYISSUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED)`** ``` (IT IS RECORDED THAT 24TH APPELLANT DIED AND APPELLANTS 25 AND 26 ALREADY IN THE PARTY ARRAY ARE HER LEGAL HEIRS VIDE ORDER DATED 08.06.2015 IN MEMO DATED 02.01.2015 C.F.NO.612 OF 2015). ``` - **`ADDL.A25 SEKKUMMADA PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`ADDL.A26 SEKKUMMADA MOHAMMED HUSSAIN, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 3 ``` ``` (THE LEGAL HEIRS OF THE DECEASED 10TH APPELLANT ARE IMPLEADED AS SUPPLEMENTAL APPELLANTS 24 TO 26- VIDE ORDER DATED 03.03.2006 ON CMP NO.4460 OF 2001). ADDL.A27NEELATHUPURA KADEEJOMMABI, ANDROTH ISLAND UNION TERRITORY OF LAKSHADWEEP. ADDL.A28SYED MOHAMMED ABDUL HASSAN, ANDROTH ISLAND UNION TERRITORY OF LAKSHADWEEP. ADDL.A29RAHMATH BEEVI, ANDROTH ISLAND UNION TERRITORY OF LAKSHADWEEP. ADDL.A30SAFOORA BEEVI, ANDROTH ISLAND UNION TERRITORY OF LAKSHADWEEP. ADDL.A31RUKHIYA BEEVI, ANDROTH ISLAND UNION TERRITORY OF LAKSHADWEEP. (THE LEGAL HEIRS OF THE DECEASED 11TH APPELLANT ARE IMPLEADED AS SUPPLEMENTAL APPELLANTS 27 TO 31 VIDE ORDER ORDER DATED 03.03.2006 ON I.A.NO.721 OF 2006). ADDL.A32FATHIMATH SUHARA, W/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551. ADDL.A33MUHAMMED SIYAD KHAN, S/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551. ADDL.A34MUHAMMED SALAHUDEEN, S/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551. ADDL.A35NAZILA BEEGUM, D/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551. ADDL.A36SARIATHUL BUSHRA, D/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551. ADDL.A37MUHAMMED SHIHABUDEEN, S/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551. ADDL.A38.SAMEER ALI, S/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551. ADDL.A39MUHAMMED MAZOOD, S/O.P.P.THICHAMMADAPURA POOKKUNHIKOYA, RAHMATH VILLA, EDACHERY, ANDROTH ISLAND, U.T.I. OF LAKSHADWEEP- 682551. ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 4 ``` ``` (LEGAL HEIRS OF DECEASED 6TH APPELLANT ARE IMPLEADED AS ADDITIONAL APPELLANTS 32 TO 39 VIDE ORDER DATED 16.11.2015 IN I.A.NO.2273 OF 2015). ``` ``` BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.G.RAJAGOPALAN SMT.T.RESMI DAMODARAN ``` ## **`RESPONDENTS/PLAINTIFFS 1 TO 3 AND 5 TO 29 AND DEFENDANTS 10,11,14 TO 53 AND 65 TO 74:`** - **`1 CHODATH ATTABI, D/O.BEEBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`*2 CHODATH KOYA, S/O.ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.(DIED)`** - **`3 CHODATH SUHARABI,D/O. ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`*4 CHODATH POOKOYA,S/O.ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP. (DIED)`** - **`5 CHODATH BAMBATHIBI,D/O.ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`6 CHODATH KHADEEJOMMABI, D/O. ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`7 CHODATH HABUSABI, D/O. ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`8 CHODATH HAJEROMMABI, D/O.ATTABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`9 CHODATH KUNHIBI, D/O.SUHARABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`10 CHODATH NAZER, S/O.AYSHOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`11 CHODATH JALALUDHEEN, S/O.AYSHOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`12 CHODATH SHAMSHAD BEEGUM (MINOR, AGED 17), REPRESENTED BY MOTHER AND NEXT FRIEND, BAMBATHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`13 CHODATH MOHAMMED ABDULRAHIMAN, (MINOR, AGED 15), REPRESENTED BY MOTHER AND NEXT FRIEND, BAMBATHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`14 CHODATH MOHAMMED BURHANUDHEEN (MINOR, AGED 13), REPRESENTED BY MOTHER AND NEXT FRIEND, BAMBATHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`15 CHODATH JUVARIYATH BEEGUM (MINOR, AGED 7), REPRESENTED BY MOTHER AND NEXT FRIEND, BAMBATHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 5 ``` - **`16 CHODATH MOHAMMED RAHIMUDHEEN (MINOR, AGED 5), REPRESENTED BY MOTHER AND NEXT FRIEND, BAMBATHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`17 CHODATH MOHAMMED SAIFUDHEEN (MINOR, AGED 3), REPRESENTED BY MOTHER AND NEXT FRIEND, BAMBATHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`18 CHODATH BUSHARABI, D/O. KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`19 CHODATH BEEBI, (MINOR, AGED 16), REPRESENTED BY MOTHER AND NEXT FRIEND KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`20 CHODATH MOHAMMED FATHAHULLA, (MINOR, AGED13), REPRESENTED BY MOTHER AND NEXT FRIEND KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`21 CHODATH BASHEERABI, (MINOR, AGED 10), REPRESENTED BY MOTHER AND NEXT FRIEND KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`22 CHODATH MOHAMMED SIYAVUDHEEN, (MINOR, AGED 7), REPRESENTED BY MOTHER AND NEXT FRIEND KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`23 CHODATH MOHAMMED ABDUL HAKKIM, (MINOR, AGED 4), REPRESENTED BY MOTHER AND NEXT FRIEND KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`24 CHODATH SYEDABI (MINOR, AGED 2), REPRESENTED BY MOTHER AND NEXT FRIEND KADHEESOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`25 CHODATH AMEERABI (MINOR, AGED 9), REPRESENTED BY MOTHER AND NEXT FRIEND HAUSABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`26 CHODATH RAHANATH (MINOR, AGED 7), REPRESENTED BY MOTHER AND NEXT FRIEND HAUSABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`27 CHODATH MUJEEBRAHMAN (MINOR, AGED 3), REPRESENTED BY MOTHER AND NEXT FRIEND HAUSABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`28 CHODATH ABDUL SHUKOOR (MINOR, AGED 1), REPRESENTED BY MOTHER AND NEXT FRIEND HAJEROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`*29 SEKKUMMADA SYED MOHAMMEDKOYA, S/O.CHODATH POOKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED)`** ``` (APPELLANTS 20 TO 23 ARE RECORDED AS THE LEGAL REPRESENTATIVES OF THE DECEASED R29 IN THE APPEAL-VIDE ORDER DATED 03.03.2006 ON MEMO DATED 27.02.2006 C.F.NO.1000 OF 2006). ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 6 ``` ``` *30SEKKUMMADA KOYA, S/O.CHODATH POOKOYA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED) ``` ``` (APPELLANTS 13 TO 19 ARE RECORDED AS THE LEGAL REPRESENTATIVES OF THE DECEASED 30TH RESPONDENT-VIDE ORDER DATED 03.03.2006 ON MEMO DATED 27.02.2006 C.F.NO.100 OF 2006). ``` - **`31 CHODATH SYEDMOHAMMEDKOYA THANGAL, S/O.CHODATH SOUDHABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).`** - **`32 CHODATH NALLAKOYA, S/O.CHODATH SOUDHABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`*33 CHODATH RAHMABI,D/O.CHODATH SOUDHABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED)`** - **`34 CHODATH SABIRA BEEGAM, D/O.CHODATH RAHMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).`** - **`35 CHODATH MOHAMMED RAFI (MINOR), AGED 16 YEARS, REPRESENTED BY GUARDIAN AND MOTHER CHODATH RAHMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`36 CHODATH KHAMARBAN (MINOR), AGED 13 YEARS REPRESENTED BY GUARDIAN AND MOTHER CHODATH RAHMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`37 CHODATH RAMLATHBI (MINOR),AGED 10 YEARS, REPRESENTED BY GUARDIAN AND MOTHER CHODATH RAHMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`38 CHODATH KOYAMMAKOYA, S/O.CHODATH BEEVI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).`** - **`39 CHODATH SHAIK KOYA, S/O.CHODATH KUNHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`40 CHODATH PATHUMMABI, D/O.CHODATH KUNHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED)`** - **`41 CHODATH CHERIYAKOYA, S/O.CHODATH KUNHIBI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`42 CHODATH POOKUNHIKOYA, S/O.CHODATH SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`43 CHODATH SAROMMABI, D/O.CHODATH PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`44 CHODATH MARIYOMMABI, D/O.CHODATH PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`45 CHODATH MUTHUBI, D/O.CHODATH PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`46 CHODATH THAJUNNISABI (MINOR), AGED 15 YEARS`** - **`REPRESENTED BY GUARDIAN AND MOTHER CHODATH PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).`** - **`47 CHODATH REFEEQ, (MINOR), REPRESENTED BY GUARDIAN AND MOTHER CHODATH PATHUMMABI,`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 7 ``` ``` ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP ``` - **`48 CHODATH CHERUKULATH KAVUNJI, D/O.SHAKKINABI, KANNUR AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT (DIED).`** - **`49 CHODATH MAJEED, S/O.SHAKKINABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).`** - **`50 CHODATH RAMLATH, D/O.SHAKKINABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED)`** ``` (IT IS RECORDED THAT THE 50TH RESPONDENT (RAMLATH) EXPIRED AND HER LEGAL HEIRS ARE ALREADY IN THE PARTY ARRAY AS RESPONDENTS 71 TO 74 VIDE ORDER DATED 06.12.2018 IN MEMO DATED 28.11.2018). ``` - **`51 CHODATH HAVULATH, D/O.SHAKKINABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`52 CHODATH CHERUKULATH MAMU, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP(DIED)`** - **`53 CHODATH HAJEROMMABI, D/O.CHODATH UMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`54 -DO- SAFIYABI, D/O.CHODATH UMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP(DIED)`** ``` (IT IS RECORDED THAT 54TH RESPONDENT DIED AND THE RESPONDENTS 60, 61 AND 64 ALREADY IN THE PARTY ARRAY ARE HER LEGAL HEIRS VIDE ORDER DATED 16.11.2015 IN MEMO DATED 18.07.2014 C.F.NO.4031 OF 2014). ``` - **`55 CHODATH PATHUMMABI, D/O.CHODATH UMMABI,ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`56 CHODATH SHAIK KOYA, S/O.CHODATH UMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`57 CHODATH KOYA, S/O.CHODATH UMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`58 CHODATH MOHAMMED RAFEEQ, S/O. CHODATH UMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`59 CHODATH KUNHIBI, D/O. CHODATH HAJEROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`60 CHODATH SUHARABI, D/O.CHODATH SAFIYABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`*61 CHODATH SAROMMABI, D/O.CHODATH SAFIYABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP (DIED).`** - **`62 CHODATH KHAMARUNHISABI (MINOR), REPRESENTED BY GUARDIAN AND MOTHER CHODATH PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 8 ``` - **`63 CHODATH ATTAKOYA (MINOR, AGED 15), REPRESENTED BY GUARDIAN AND MOTHER CHODATH PATHUMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`64 CHODATH MOHAMMED ABOOSALIH (MINOR, AGED 14), REPRESENTED BY GUARDIAN AND MOTHER CHODATH SAFIYABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`65 CHODATH HAMEEDATH (MINOR, AGED 3), REPRESENTED BY GUARDIN AND MOTHER CHODATH HAJEROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`66 CHODATH ABDUL KHADER JAILANI (MINOR, 66), REPRESENTED BY GUARDIAN AND MOTHER CHODATH SUHARABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`67 CHODATH IRSHAD BEEGUM (MINOR), AGED 10), REPRESENTED BY GUARDIAN AND MOTHER CHODATH SUHARABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`68 CHODATH AYSHOMMABI (MINOR, AGED 9), REPRESENTED BY GUARDIAN AND MOTHER CHODATH SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`69 CHODATH RAMEEDHA BEEGUM (MINOR, AGED 3), REPRESENTED BY GUARDIAN AND MOTHER CHODATH SAROMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`70 P.P.THITHICHAMMADAPURA MOHAMMED HAKEEM, (MINOR, AGED 16), REPRESENTED BY GUARDIAN AND MOTHER P.P.THITHICHAMMADAPURA MARIYOMMABI, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP(STRUCK OFF)`** ``` (THE NAME OF 70TH RESPONDENT IS STRUCK OFF FROM THE PARTY ARRAY VIDE ORDER DATED 07.11.2017 IN MEMO DATED 19.11.2011 C.F.NO.6068 OF 2011). ``` - **`71 C.K.RAMTHAZ (MINOR, AGED 16), REPRESENTED BY GUARDIAN AND MOTHER RAMLATH, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`72 C.K.RAEZ, (MINOR, AGED 14), REPRESENTED BY GUARDIAN AND MOTHER RAMLATH, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`73 C.K.RAFEENATH (MINOR, AGED 12), REPRESENTED BY GUARDIAN AND MOTHER RAMLATH, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`74 C.K.RASHEED (MINOR, AGED 7), REPRESENTED BY GUARDIAN AND MOTHER RAMLATH, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`75 C.K.HAMLATH (MINOR, AGED 13), REPRESENTED BY GUARDIAN AND MOTHER KHOULATH, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`76 C.K.ASLAM, (MINOR, AGED 7), REPRESENTED BY GUARDIAN AND MOTHER KHOULATH, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 9 ``` - **`77 C.K.MUNEERA,`** ``` D/O.SAKHEENABI,ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP ``` - **`78 C.K.MUNEESA (MINOR, AGED 12), REPRESENTED BY GUARDIAN AND MOTHER MUNEERA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`79 C.K.ASTHAKAR (MINOR, AGED 10), REPRESENTED BY GUARDIAN AND MOTHER MUNEERA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** - **`80 C.K.ASURA, (MINOR, AGED 8), REPRESENTED BY GUARDIAN AND MOTHER MUNEERA, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP`** ``` SUPPLEMENTAL RESPONDENT 81 TO 84 IMPLEADED ``` - **`ADDL.R81 ARATHPURA POOKOYA, ANDROTH ISLAND. ADDL.R82 ARATHPURA RAHMABI,ANDROTH ISLAND. ADDL.R83 ARATHPURA PATHUMMABI,ANDROTH ISLAND. ADDL.R84 ARATHPURA BADARUDDIN, ANDROTH ISLAND.`** ``` (THE LEGAL REPRESENTATIVES OF THE DECEASED 38TH RESPONDENT ARE IMPLEADED AS SUPPLEMENTAL RESPONDENTS 81 TO 84-VIDE ORDER DATED 08.06.2001 C.M.P.NO.3530 OF 2000). ``` - **`ADDL.R85 MUHAMMED RASHID MOOTHARAMMEL, AGED 21, SON OF NEELATHUPURA NALLAKOYA, RESIDING IN NEELATHUPURA HOUSE, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`ADDL.R86 NOUSIBHA MOOTHARAMMEL, AGED 19, SON OF NEELATHUPURA NALLAKOYA, RESIDING IN NEELATHUPURA HOUSE, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`ADDL.R87 NAZARATH MOOTHARAMMEL, AGED 18,SON OF NEELATHUPURA NALLAKOYA, RESIDING IN NEELATHUPURA HOUSE, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP.`** - **`ADDL.R88 NAJIYA MOOTHARAMMEL, AGED 15, DAUGHTER OF NEELATHUPURA NALLAKOYA, (MINOR), RESIDING IN NEELATHUPURA HOUSE, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY HER GUARDIAN MOHAMMED RASHID (1ST RESPONDENT).`** ``` ADDL.R89MUHAMMED RASEEK MOOTHARAMMEL, AGED 11, SON OF NEELATHUPURA NALLAKOYA, (MINOR), RESIDING IN NEELATHUPURA HOUSE, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY HIS GUARDIAN MOHAMMED RASHID (1ST RESPONDENT) ``` ``` (THE ABOVE LEGAL HEIRS OF THE DECEASED 13TH APPELLANT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 85 TO 89 AS PER ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 10 ``` ``` ORDER DATED 17.11.2012 IN I.A.NO.2418 OF 2012) ``` ``` (THE R85 IS APPOINTED AS THE GUARDIAN OF MINOR RESPONDENTS 88 AND 89 WITHOUT PREJUDICE TO ANY OBJECTION FROM THE PROPOSED GUARDIAN AS PER ORDER DATED 17.11.2012 IN I.A.NO.2419 OF 2012). ``` ``` ADDITIONAL RESPONDENTS 90 TO 94 IMPLEADED ``` - **`ADDL.R90 DARUL KAMAR, S/O.CHERUKULATH KAVUNJI, PURATHIL HOUSE, KANNUR- 670594.`** - **`ADDL.R91 MUBASHEER, S/O.CHERUKULATH KAVUNJI, NASREENA MANZIL, KANNUR- 670594.`** - **`ADDL.R92 AZHAR, NASREENA MANZIL, KANNUR- 670594.`** - **`ADDL.R93 MADHANI, NASREENA MANZIL, KANNUR- 670594.`** - **`ADDL.R94 NASREEN, D/O. OF CHERUKULATH KAVUNJI, NASREENA MANZIL, KANNUR- 670594.`** ``` (LEGAL HEIRS OF DECEASED R48 ARE IMPLEADED AS ADDITIONAL RESPONDENTS R90 TO R94 VIDE ORDER DATED 21.12.2018 IN I.A.NO.3618 OF 2011). ``` ``` *ADDITIONAL RESPONDENTS 95 TO 98 IMPLEADED ``` - **`ADDL.R95 KAIRUNNEESA A.P., AGED 50, D/O.ASSAINAR, RESIDING IN ASNAPATTU PAZHAPURAYIL, VALAPATTANAM, KANNUR DISTRICT, PIN- 670010.`** - **`ADDL.R96 AHAMMED MINOF A.P., AGED 31 YEARS S/O.MAJEED, RESIDING IN ASNAPATTU PAZHAPURAYIL, VALAPATTANAM, KANNUR DISTRICT, PIN- 670010`** - **`ADDL.R97 LUBINA A.P., AGED 28 YEARS D/O.MAJEED, RESIDING IN ASNAPATTU PAZHAPURAYIL, VALAPATTANAM, KANNUR DISTRICT, PIN- 670010`** - **`ADDL.R98 LULU MARJANA, AGED 21 YEARS D/O.MAJEED, RESIDING IN ASNAPATTU PAZHAPURAYIL, VALAPATTANAM, KANNUR DISTRICT, PIN- 670010`** ``` (LEGAL HEIRS OF DECEASED R49 ARE IMPLEADED AS ADDITIONAL RESPONDENTS R95 TO R98 VIDE ORDER DATED 21.12.2018 IN I.A.NO.2057 OF 2013). ``` ``` ADDITIONAL RESPONDENTS R99 TO R103 IMPLEADED ``` - **`ADDL.R99 PUTHIYAVEETTU RAHMATH, AGED 65 YEARS W/O.LATE CHODATH POOKKOYA, ANDHROTH ISLAND, CHEMMACHERI, LAKSHADWEEP- 682551.`** - **`ADDL.R100 PUTHIYAVEETTU THAJUNNEESABI, AGED 48 YEARS D/O.LATE CHODATH POOKKOYA, ANDHROTH ISLAND, CHEMMACHERI, LAKSHADWEEP- 682551.`** - **`ADDL.R101 PUTHIYAVEETTU SAFIYABI, AGED 47 YEARS D/O.LATE CHODATH POOKKOYA, ANDHROTH ISLAND, CHEMMACHERI, LAKSHADWEEP- 682551.`** - **`ADDL.R102 SHAMSUDHEEN PUTHIYAVEETTU,AGED 45 YEARS`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 11 ``` ``` S/O.LATE CHODATH POOKKOYA, ANDHROTH ISLAND, CHEMMACHERI, LAKSHADWEEP- 682551. ``` ``` ADDL.R103PUTHIYAVEETTU UBAIDULLA,AGED 27 YEARS S/O.LATE CHODATH POOKKOYA, ANDHROTH ISLAND, CHEMMACHERI, LAKSHADWEEP- 682551. ``` ``` (LEGAL HEIRS OF DECEASED R4 ARE IMPLEADED AS ADDITIONAL RESPONDENT R99 TO R103 VIDE ORDER DATED 21.12.2018 IN I.A.NO.114 OF 2016). ``` ``` ADDL.R104MUHAMMED NAVAS,S/O.THEJUNEESABI, CHODATH HOUSE, ANDROTH ISLAND, LAKSHADWEEP- 682551. ``` ``` ADDL.R105NAZEEK, D/O.THEJUNEESABI, CHODATH HOUSE, ANDROTH ISLAND, LAKSHADWEEP- 682551. ``` ``` (LEGAL HEIRS OF DECEASED R46 ARE IMPLEADED AS ADDITIONAL RESPONDENTS R104 AND R105 VIDE ORDER DATED 06.12.2018 IN I.A.NO.683 OF 2017). ``` ``` ADDL.R106CHODOTH RAJEENA BEEGUM, ``` ``` D/O.CHODOTH SAROMMABI, ANDROTH ISLAND, KEECHERI, UNION TERRITORY OF LAKSHWADEEP. ``` ``` (RESPONDENTS 68 AND 69 ARE RECORDED AND ADDITIONAL RESPONDENT 106 IS IMPLEADED AS THE LEGAL HEIR OF DECEASED R61. VIDE ORDER DATED 06.12.2018 IN I.A.NO.2016 OF 2017). ``` ``` ADDL.R107K.T.ASSIZ, S/O.CHODOTH CHERUKULATH MAMU, PURATHOL HOUSE, PARAVOOR L.P.SCHOOL, P.O., KANHIROAD, VIA KOODALI, KANNUR DISTRICT- 670592. ``` ``` ADDL.R108K.T.KUNNIBI, D/O.CHODOTH CHERUKULATH MAMU, PURATHOL HOUSE, PARAVOOR L.P.SCHOOL, P.O., KANHIROAD, VIA KOODALI, KANNUR DISTRICT- 670592. ``` ``` ADDL.R109K.T.ABDUL NAZAR, S/O.CHODOTH CHERUKULATH MAMU, PURATHOL HOUSE, PARAVOOR L.P.SCHOOL, P.O., KANHIROAD, VIA KOODALI, KANNUR DISTRICT- 670592. ``` ``` (LEGAL HEIRS OF DECEASED R52 ARE IMPLEADED AS ADDITIONAL RESPONDENTS 107 TO R109 VIDE ORDER DATED 06.12.2018 IN I.A.NO.2035 OF 2017). ``` ``` ADDL.R110BEEVI, W/O.CHODOTH KOYA, POOVALAPPU HOUSE, EDACHERY, ANDROTH ISLAND 682551 (DIED) ADDL.R.111HAJEROMMABI, D/O.CHODOTH KOYA, POOVALAPPU HOUSE, EDACHERY, ANDROTH ISLAND 682551 ADDL.R.112MUHAMMED RASHEED, S/O.CHODOTH KOYA, POOVALAPPU HOUSE, EDACHERY, ANDROTH ISLAND 682551 ADDL.R113MUHAMMED KASIM, S/O.CHODOTH KOYA, ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 12 ``` ``` POOVALAPPU HOUSE, EDACHERY, ANDROTH ISLAND 682551 ``` ``` ADDL.R114FATAHUDDEEN, S/O.CHODOTH KOYA, POOVALAPPU HOUSE, EDACHERY, ANDROTH ISLAND 682551 ``` ``` ADDL.R115MUHAMMED MUSTHAFA, S/O.CHODOTH KOYA, ``` ``` POOVALAPPU HOUSE, EDACHERY, ANDROTH ISLAND 682551 ``` ``` ADDL.R116MUHAMMED FALAL, S/O.CHODOTH KOYA, POOVALAPPU HOUSE, EDACHERY, ANDROTH ISLAND 682551 ``` ``` ADDL.R117BEEBI KADEEJA, D/O.CHODOTH KOYA, POOVALAPPU HOUSE, EDACHERY, ANDROTH ISLAND 682551 ``` ``` ADDL.R118SAJIDA JOWHAR, D/O.CHODOTH KOYA, POOVALAPPU HOUSE, EDACHERY, ANDROTH ISLAND 682551 ``` ``` ADDITIONAL RESPONDENTS 110 TO 118 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED R2 VIDE ORDER DATED 04/07/2022 IN IA 2/2021 ``` ``` *IT IS RECORDED THAT THE 110TH RESPONDENT DIED AND HER LEGAL HEIRS ARE IN THE PARTY ARRAY AS ADDL.R111 TO R118 VIDE ORDER DATED 04/07/2022 IN MEMO DATE 08/11/2021. ``` ``` ADDL.R119 MURATHALLA, S/O.RAHMABI, CHODATH HOUSE, KEECHERI, ANDROTH ISLAND -682551 ``` ``` ADDL.R120JANNATH CHODATH, D/O.RAHMABI, CHODATH HOUSE, KEECHERI, ANDROTH ISLAND -682551 ``` ``` ADDITIONAL R119 & 120 ARE IMPLEADED AND R34, R35, R36 & R37 ARE RECORDED AS THE LEGAL HEIRS OF DECEASED R33 VIDE ORDER DATED 04/07/2022 IN IA 1/2021. ``` ``` ADDL. R121UMMATHA BIYYAPURA PATHUMMABI, AGED 76 YEARS W/O.CHODOTH SHAIK KOYA, MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551. ``` ``` ADDL. R122UMMATHA BIYYAPURA RAMLATH, AGED 40 YEARS ,D/O.CHODOTH SHAIK KOYA, MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551. ``` ``` ADDL.R123CHEKKUMMADA MUHAMMED FAROOQ, AGED 50 YEARS, S/O.CHODOTH SHAIK KOYA, MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551. ADDL.R124CHEKKUMMADA MUHAMMED HASSAN AGED 50 YEARS, S/O.CHODOTH SHAIK KOYA, MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551. ADDL.R125CHEKKUMMADA SAINUL ABID, AGED 44 YEARS, S/O.CHODOTH SHAIK KOYA, MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551. ADDL.R126ADDL. CHEKKUMMADA NOORUL AMEEN, AGED 40 YEARS, S/O.CHODOTH SHAIK KOYA, MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551. ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 13 ``` ``` ADDL.R127CHEKKUMMADA MUTHUBI, ``` ``` AGED 47 YEARS ,S/O.CHODOTH SHAIK KOYA, MECHERI, ANDROTH ISLAND LAKSHAWEEP -682551. ``` ``` ADDITIONAL RESPONDENTS 121 TO 127 ARE IMPLEDED AS THE LEGAL HEIRS OF DECEASED R39 VIDE ORDER DATED 04/07/2022 IN IA 3/2021. ``` ``` BY ADVS. SRI.BINDU SREEKUMAR SRI.M.V.AMARESAN SRI.M.KRISHNAKUMAR SMT.PRABHA R.MENON SRI.V.N.RAMESAN NAMBISAN SRI.SAJAN VARGHEESE K. ``` ``` THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON 21.07.2022, ALONG WITH AS.488/1998, 394/2005, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 14 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.SOMARAJAN ``` ``` THURSDAY, THE 21[ST] DAY OF JULY 2022 / 30TH ASHADHA, 1944 AS NO. 488 OF 1998 ``` ``` AGAINST THE JUDGMENT AND DECREE DATED 27/10/1997 OS 5/1997 OF DISTRICT COURT, LAKSHADWEEP ``` ## **`APPELLANTS/DEFENDANTS 36 TO 52 IN THE SUIT:`** - **`1 CHODATH HAJEROMMABI, AGED 62 YEARS, D/O. CHODATH UMMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`2 CHODATH SAFIYABI, AGED 60 YEARS D/O. CHODATH UMMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`3 CHODATH PATHUMMABI, AGED 57 YEARS D/O. CHODATH UMMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`4 CHODATH SHAIK KOYA, AGED 37 YEARS S/O. PATHUMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`5 CHODATH KOYA, AGED 35 YEARS S/O. PATHUMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`6 CHODATH MOHAMMED RAFEEQ, AGED 31 YEARS S/O. PATHUMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`7 CHODATH KUNHIBI, AGED 44 YEARS D/O CHODATH HAJEROMMABI,`** - **`8 CHODATH SUHARABI AGED 43 YEARS D/O CHODATH SAFIYABI`** - **`*9 CHODATH SAROMMABI AGED 40 YEARS D/O CHODATH SAFIYABI (DIED)`** - **`10 CHODATH KHAMARUNNISABI AGED 27 YEARS`** - **`D/O. CHODATH PATHUMABI, ANDROTH ISLAND.`** - **`11 CHODATH ATTAKOYA AGED 25 YEARS`** - **`D/O CHODATH SAFIYABI`** - **`12 CHODATH MOHAMMED ABOOSALIH AGED 24 YEARS`** - **`S/O. CHODATH SAFIYABI, ANDROTH ISLAND.`** - **`13 CHODATH HAMEEDATH AGED 15 YEARS`** - **`(MINOR) D/O. CHODATH KUNHIBI, ANDROTH ISLAND.`** - **`14 CHODATH ABDUL KHADER JAILANI AGED 24 YEARS`** - **`S/O CHODATH SUHARABI, ANDROTH ISLAND.`** - **`15 CHODATH IRSHAD BEEGUM`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 15 ``` ``` AGED 20 YEARS D/O. CHODATH SUHARABI, ANDROTH ISLAND. 16CHODATH AYSHOMMABI AGED 19 YEARS D/O. CHODATH SAROMMABI, ANDROTH ISLAND. 17CHODATH RAMEEDHA BEEGUM AGED 13 YEARS ``` ``` (MINOR) D/O. CHODATH SAROMMABI, ANDROTH ISLAND. ``` ``` (MINOR APPELLANTS NO.13 AND 17 ARE REPRESENTED BY THEIR GUARDIAN MOTHERS APPELLANT NO.7 AND 9 RESPECTIVELY). ``` ``` *IT IS RECORDED THAT THE 9TH APPELLANT PASSED AWAY AND HER LEGAL HEIRS ARE ALREADY IN THE PARTY ARRAY AS APPELLANTS NOS.16 & 17 VIDE ORDER DATED 01.02.2019 IN MEMO DATED 28.01.2019 ``` ``` BY ADVS. ``` ``` SRI.A.P.CHANDRASEKHARAN (SR.) SRI.K.JAYESH MOHANKUMAR SRI.KODOTH PUSHPARAJAN SRI.M.KRISHNAKUMAR SMT.PRABHA R.MENON ``` ## **`RESPONDENTS/PLAINTIFFS 1 TO 3, 5 TO 29 AND DEFENDANTS 1 TO 9, 12,13,15 16, 18 TO 35 & 53 TO 74 IN THE SUIT:`** - **`*1 CHODATH ATTABI, AGED 75 YEARS D/O. BEEBI, ANDROTH ISLAND, LAKSHADWEEP. (DIED)`** ``` (IT IS RECORDED THAT RESPONDENTS 2 TO 8 ALREADY IN THE PARTY ARRAY ARE TEH LEGAL REPRESENTATIVE OF THE DECEASED IST RESPONDENT AS PER ORDER DATED 8.3.99 VIDE MEMO CF 2981/99. ``` - **`2 CHODATH KOYA, AGED 55 YEARS S/O ATTABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`3 CHODATH SUHARABI, AGED 52 YEARS D/O ATTABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`4 CHODATH POOKOYA, AGED 47 YEARS S/O. ATTABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`5 CHODATH BAMBATHIBI, AGED 45 YEARS D/O. ATTABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`6 CHODATH KHADEEJOMMABI, AGED 38 YEARS D/O.ATTABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`7 CHODATH HABUSABI, AGED 36 YEARS D/O.ATTABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`8 CHODATH HAJEROMMABI, AGED 30 YEARS D/O. ATTABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`9 CHODATH KUNHIBI, AGED 28 YEARS D/O SUHARABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`10 CHODATH NAZER, AGED 26 YEARS S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 16 ``` - **`11 CHODATH JALALUDHEEN, AGED 23 YEARS S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`12 CHODATH SHAMSHAD BEEGUM, AGED 27 YEARS`** - **`D/O. BAMBATHIBI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`13 CHODATH MOHAMMED ABDULRAHIMAN, AGED 25 YEARS, S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`14 CHODATH MOHAMMED BURHANUDHEEN, AGED 23 YEARS, S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`15 CHODATH JUVARIYATH BEEGUM, AGED 18 YEARS D/O.AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`16 CHODATH MOHAMMED RAHIMUDHEEN, AGED 16 YEARS (MINOR) S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`17 CHODATH MOHAMMED SAFIYUDDIN, AGED 14 YEARS, (MINOR) S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** ``` (MINORS 16 AND 17 REPRESENTED BY THEIR GUARDIAN MOTHER RESPONDENT NO.5, BAMBATHIBI). ``` - **`18 CHODATH BUSHURABI, AGED 28 YEARS D/O KADHEEJOMMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`19 CHODATH BEEBI, AGED 27 YEARS D/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`20 CHODATH MOHAMMED RAHMATHULLA, AGED 23 YEARS S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`21 CHODATH BASHEERABI, AGED 20 YEARS, D/O. KADHEEJOMMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`22 CHODATH MOHAMMED LIYAVUDHEEN, AGED 18 YEARS S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`23 CHODATH MOHAMMED ABDUL HAKKIM, AGED 15 YEARS, (MINOR) S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`24 CHODATH SYEDABI, AGED 13 YEARS (MINOR) S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP (MINORS 23 AND 24 REPRESENTED BY THIE GUARDIAN MOTHER ESPONDENT NO.6, KHADHEEJOMMABI)`** - **`25 CHODATH AMEERABI, AGED 20 YEARS D/O HABUSABI.`** - **`26 CHODATH RAHANATH, AGED 18 YEARS D/O. AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`27 CHODATH MUJEEBRAHMAN, AGED 14 YEARS (MINOR) S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** ``` (MINOR 27 REPRESENTED BY HIS GUARDIAN MOTHER RESPONDENT NO.7, HABUSABI). ``` - **`28 CHODATH ABDUL SHUKOOR AGED 11 YEARS`** - **`(MINOR) S/O. HAJEROMMABI.`** ``` (MINOR 28 REPRESENTED BY HIS GUARDIAN MOTHER RESPONDENT NO.8, HAJEROMMABI) ``` ``` 29KANJARAKKANDA SHAIK KOYA ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 17 ``` - **`AGED 44 YEARS CHODATH KOYAMMAKOYA, ANDROTH ISLAND, LAKSHADWEEP.`** - **`30 KANJARAKKADA ATTAKOYA,AGED 42 YEARS, S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`31 KANJARKAKKADA ABDUL JABBAR, AGED 37 YEARS, S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`32 KANJARKAKKADA KABIRKHAN, AGED 33 YEARS`** - **`S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`33 P.P.THITHICHAMMADAPURA MARIYOMMABI AGED 60 YEARS, D/O MARIYAMMADA SAYEDMOHAMMED KOYA AND 2ND W/O CHODATH KOYAMMAKOYA, ANDROTH ISLAND, LAKSHADWEEP.`** - **`34 POOKUNHIKOYA, AGED 37 YEARS, S/O KOYAMMAKOYA,S/O AYSHOMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`35 PATHUMMABI, AGED 35 YEARS D/O. KOYAMMAKOYA, ANDROTH ISLAND, LAKSHADWEEP`** - **`36 NAJUMUNNISABI, AGED 33 YEARS D/O. KOYAMMAKOYA, ANDROTH ISLAND, LAKSHADWEEP`** - **`37 KHAYARUNNISABI, AGED 30 YEARS D/O. KOYAMMAKOYA, ANDROTH ISLAND, LAKSHADWEEP`** - **`*38 SHEKKUMADA SAFIYABI, AGED 62 YEARS D/O CHODOTH POOKOYA, ANDROTH ISLAND, LAKSHADWEEP.(DIED)`** - **`*39 SYEDKOYA, AGED 60 YEARS, S/O DECEASED DAUGHTER OF CHODATH POOKOYA, ANDROTH ISLAND, LAKSHADWEEP(DIED)`** - **`40 CHODATH NALLAKOYA, AGED 51 YEARS S/O SAUDABI,ANDROTH ISLAND, LAKSHADWEEP`** - **`41 CHODATH RAHMABI, AGED 47 YEARS D/O SAUDABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`42 CHODATH MOHAMMED RAFI, AGED 26 YEARS D/O. RAHMABI,ANDROTH ISLAND, LAKSHADWEEP`** - **`43 CHODATH KHAMARBAN, AGED 23 YEARS D/O RAHMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`44 CHODATH RAMLATHBI, AGED 20 YEARS D/O RAHMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`45 KOYAMMAKOYA, AGED 72 YEARS S/O LATE CHODATH BEEBI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`46 CHODATH SHAIK KOYA, AGED 62 YEARS, S/O LATE BEEBIS DAUGHTER LATE KUNHIBI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`47 CHODATH PATHUMMABI, AGED 50 YEARS D/O. LATE KUNHIBI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`48 CHODATH CHERIYAKOYA, AGED 45 YEARS S/O LATE KUNHIBI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`49 CHODATH POOKUNHIKOYA, AGED 42 YEARS S/O LATE SAROMMABI.`** - **`50 CHODATH SAROMMABI, AGED 30 YEARS D/O PATHUMMABI,ANDROTH ISLAND, LAKSHADWEEP.`** - **`51 CHODATH MARIYOMMABI, AGED 32 YEARS D/O PATHUMMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`52 CHODATH MUTHUBI, AGED 30 YEARS`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 18 ``` - **`D/O PATHUMMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`53 CHODATH THAJUNNISABI, AGED 25 YEARS D/O. PATHUMMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`54 CHODATH RAFEEQ, AGED 22 YEARS S/O PATHUMMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`55 CHODATH CHERUKULATH KAVUNJI, AGED 65 YEARS D/O. SHAKKINABI, RESIDING AT KANNUR.`** - **`56 CHODATH MAJEED, AGED 48 YEARS S/O. SHAKKINABI, RESIDING AT KANNUR.`** - **`57 CHODATH RAMLATH, AGED 45 YEARS D/O. SHAKKINABI, RESIDING AT KANNUR.`** - **`58 CHODATH HAVULATH, AGED 40 YEARS D/O.SHAKKINABI, RESIDING AT KANNUR.`** - **`59 CHODATH CHERUKULATH MAMU, AGED 70 YEARS RESIDING AT KANNUR.`** - **`60 MOHAMMED HAKEEM, AGED 22 YEARS S/O P.P. THITHICHAMMADA PURA MARIYOMMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`61 NEELATHUPURA NALLAKOYA, AGED 38 YEARS S/O LATE KOYA, ANDROTH ISLAND, LAKSHADWEEP.`** - **`62 CHODATH KASMIKOYA, AGED 35 YEARS S/O LATE KOYA, ANDROTH ISLAND, LAKSHADWEEP.`** - **`63 CHODATH FATHIMABI, AGED 33 YEARS D/O. LATE KOYA, ANDROTH ISLAND, LAKSHADWEEP.`** - **`64 CHODATH THAJUNNISABI, AGED 33 YEARS D/O LATE KOYA, ANDROTH ISLAND, LAKSHADWEEP.`** - **`65 CHODATH SAROMMABI, AGED 28 YEARS D/O. LATE KOYA, ANDROTH ISLAND, LAKSHADWEEP.`** - **`66 CHODATH MOHAMMED RAFEEQ, AGED 20 YEARS ANDROTH ISLAND, LAKSHADWEEP.`** - **`67 CHODATH MOHAMMED FAIZAL, AGED 18 YEARS, ANDROTH ISLAND, LAKSHADWEEP.`** - **`68 PALLIPURA SAROMMABI, AGED 62 YEARS W/O SYED MOHAMMEDKOYA ANDROTH ISLAND, LAKSHADWEEP.`** - **`69 CHODATH SHAIK KOYA, AGED 43 YEARS, S/O PALLIPURA SAROMMABI, ANDROTH ISLAND, LAKSHADWEEP.`** - **`70 CHODATH HABUSABI, AGED 38 YEARS D/O. PALLIPURA SAROMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`71 CHODATH RAHIL, AGED 35 YEARS`** - **`S/O PALLIPURA SAROMMABI, ANDROTH ISLAND, LAKSHADWEEP`** - **`72 C.K.RAMTHAZ, AGED 19 YEARS, S/O. RAMLATH.`** - **`73 C.K.RAEEZ, AGED 17 YEARS, (MINOR) S/O RAMLATH, RESIDING AT KANNUR.`** - **`74 C.K.RAFEENATH, AGED 15 YEARS (MINOR) D/O RAMLATH, ANDROTH ISLAND, LAKSHADWEEP`** - **`75 C.K.RASHEED, AGED 10 YEARS (MINOR) D/O RAMLATH,ANDROTH ISLAND, LAKSHADWEEP`** ``` (MINORS 73,74, AND 75 REPRESENTED BY THEIR GUARDIAN ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 19 ``` ``` MOTHER, RESPONDENT NO.57, RAMLATH). ``` - **`76 C.K.HAMLATH, AGED 16 YEARS, (MINOR) D/O HAVULATH.`** - **`77 C.K.ASLAM, AGED 10 YEARS,`** - **`(MINOR) D/O HAVULATH (MINORS 76 AND 77 REPRESENTED BY THIER GUARDIAN MOTHER RESPONDENT NO.58, HAVULATH).`** - **`78 C.K.MUNEERA, AGED 35 YEARS, D/O. SAKKEENABI.`** - **`79 C.K.MUNEESA, AGED 15 YEARS, (MINOR) D/O MUNEERA.`** - **`80 C.K.ASTHAKAR, AGED 13 YEARS, (MINOR) S/O. MUNEERA.`** - **`81 C.K.ASURA, AGED 11 YEARS, (MINOR) D/O. MUNEERA`** ``` (MINORS 79,80 AND 81 ARE REPRESENTED BY THEIR GUARDIAN MOTHER RESPONDENT NO.78, C.K.MUNEERA). ``` - **`*R82 SEKKUMMADA AYISSUMMABI, ANDROTH ISLAND, LAKSHADWEEP. (DIED)`** - **`R83 SEKKUMMADA PATHUMMABI, ANDROTH ISLAND, LAKSHADWEEP. R84 SEKKUMMADA MOHAMMED HUSSAIN ANDROTH ISLAND, LAKSHADWEEP.`** ``` ADDITIONAL RESPONDENTS 82 TO 84 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED R38 VIDE ORDER DATED 04/07/2022 IN CMP NO.5023/2001 ``` - **`R85 NEELATHPURA KADEEJOMMABI W/O.LATE SYED KOYA, ANDROTH ISLAND, LAKSHADWEEP.`** - **`R86 SYED MOHAMMED ABDUL HASSAN S/O.LATE SYED KOYA,ANDROTH ISLAND, LAKSHADWEEP.`** - **`R87 RAHMATH BEEVI D/O.LATE SYED KOYA, ANDROTH ISLAND, LAKSHADWEEP.`** - **`R88 SAFEERA BEEVI D/O.LATE SYED KOYA,ANDROTH ISLAND, LAKSHADWEEP.`** - **`R89 RUKHIYA BEEVI D/O.LATE SYED KOYA,ANDROTH ISLAND, LAKSHADWEEP.`** ``` ADDITIONAL RESPONDENTS 85 TO 89 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED R39 VIDE ORDER DATED 04/07/2022 IN IA 1249/2006 ``` ``` IT IS RECORDED THAT ADDL R82 DIED AND HER LEGAL REPRESENTATIVES ARE ALREADY ON PARTY ARRAY AS ADDL.R83 AND R84 AS PER ORDER DATED 1/2/2019 VIDE MEMO DATED 24/1/19 ``` ``` SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.G.RAJAGOPALAN SRI.SAJAN VARGHESE ``` ``` THIS APPEAL SUITS HAVING COME UP FOR HEARING ON 21.07.2022, ``` ``` ALONG WITH AS.281/1998 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 20 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.SOMARAJAN`** ``` THURSDAY, THE 21[ST] DAY OF JULY 2022 / 30TH ASHADHA, 1944 ``` ``` RFA NO. 394 OF 2005 ``` ## **`AGAINST THE JUDGMENT AND DECREE DATED 11/03/2005 IN OS 6/2000 OF`** ## **`DISTRICT COURT, LAKSHADWEEP`** ## **`APPELLANTS: (PLAINTIFFS)`** - **`1 CHODATH PATHUMMABI, D/O. CHODATH UMMABI,`** - **`2 CHODATH SHAIKKOYA, S/O.CHODATH PATHUMMABI.`** - **`3 CHODATH KOYA, S/O.CHODATH PATHUMMABI.`** - **`4 CHODATH MOHAMMED RAFEEL,S/O.CHODATH PATHUMMABI. 5 CHODATH KHAMARUNNISABI, D/O.CHODATH PATHUMMABI. 6 CHODATH ATTAKOYA, S/O.CHODATH PATHUMMABI.`** - **`7 CHODATH RAYIDHA THASNEEM, AGED 4 YEARS, (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN, 5TH PLAINTIFF CHODATH KHAMARUNNISABI.`** - **`8 CHODATH MOHAMMED HASHIM, AGED 7 YEARS, (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN,5TH PLAINTIFF CHODATH KHAMARUNNISABI.`** - **`9 CHODATH MOHAMMED HISHAM, AGED 7 YEARS, (MINOR) CHODATH KHAMARUNNISABI, REPRESENTED BY HER MOTHER AND GUARDIAN, 5TH PLAINTIFF CHODATH KHAMARUNNISABI.`** - **`10 CHODATH RABI-ATHUL ASLAMIYA, AGED 9 YEARS (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN, 5TH PLAINTIFF CHODATH KHAMARUNNISABI.`** ``` (ALL ARE ANDROTH ISLANDERS). ``` ``` BY ADVS. ``` ``` SRI.T.SETHUMADHAVAN SRI.K.JAYESH MOHANKUMAR SRI.PUSHPARAJAN KODOTH ``` ## **`RESPONDENT (DEFENDANTS):`** - **`1 CHODATH KOYA, AGE 62 YEARS, S/O. LATE CHODATH ATTABI. 2 CHODATH SUHARABI,AGED 59 YEARS, D/O. LATE CHODATH ATTABI.`** - **`3 CHODATH POOKOYA, AGED 54 YEARS, S/O. LATE CHODATH ATTABI.`** - **`4 CHODATH BAMBATHIBI, AGED 52 YEARS, D/O.LATE CHODATH ATTABI.`** - **`5 CHODATH KHADEEJOMMABI,`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 21 ``` - **`AGED 45 YEARS, D/O.LATE CHODATH ATTABI.`** - **`6 CHODATH HABSABI, AGED 43 YEARS, D/O. LATE CHODATH ATTABI.`** - **`7 CHODATH HAJEROMMABI, AGED 37 YEARS, D/O. LATE CHODATH ATTABI.`** - **`8 CHODATH KUNHIBI, AGED 35 YEARS, D/O. CHODATH SUHARABI.`** - **`9 CHODATH NAZER, AGE 33 YEARS, S/O. LATE CHODATH AYSOMMABI.`** - **`10 CHODATH JALALUDHEEN, AGED 30 YEARS, S/O. LATE CHODATH AYSOMMABI.`** - **`11 CHODATH SHAMSHAD BEEGUM, AGE 34 YEARS, D/O. CHODATH BAMBATHIBI.`** - **`12 CHODATH MOHAMMED ATHIKHURAHMAN, AGE 32 YEARS, S/O.CHODATH BAMBATHIBI.`** - **`13 CHODATH MOHAMMED BURHANUDHEEN, AGE 30. YEARS, S/O. CHODATH BAMBATHIBI.`** - **`14 CHODATH JUBAIRATH BEEGUM, AGE 24 YEARS, D/O. CHODATH BAMBATHIBI.`** - **`15 CHODATH MOHAMMED THAKHIYUDHEEN, AGE 20 YEARS, S/O. CHODATH BAMBATHIBI.`** - **`16 CHODATH MOHAMMED RAHIMUDHEEN, AGE 22 YEARS, S/O. CHODATH BAMBATHIBI.`** - **`17 CHODATH BUSHRABI, AGE 35 YEARS, D/O. KHADEEJOMMABI.`** - **`18 CHODATH BEEBI, AGE 33 YEARS, D/O. KHADEEJOMMABI.`** - **`19 CHODATH BASHEERABI, AGE 27 YEARS, D/O. KHADEEJOMMABI.`** - **`20 CHODATH MOHAMMED RAHMATHULLA, AGE 30 YEARS, S/O. KHADEEJOMMABI.`** - **`21 CHODATH MOHAMMED LIYAVUDHEEN, AGE 24 YEARS, S/O. KHADEEJOMMABI.`** - **`22 CHODATH MOHAMMED ABDUL HAKEEM, AGE 21 YEARS, D/O. KHADEEJOMMABI.`** - **`23 CHODATHSAYEDHABI, AGE 19 YEARS, D/O. KHADEEJOMMABI.`** - **`24 CHODATH MOHAMMED ROUF, AGE 13 YEARS, (MINOR) REPRESENTED BY THIS MOTHER AND GUARDIAN CHODATH KHADEEJOMMABI-D5`** - **`25 CHODATH AMEERABI, AGE 26 YEARS, D/O. CHODATH HABSABI.`** - **`26 CHODATH RAIHANATH, AGE 24 YEARS, D/O. CHODATH HABSABI.`** - **`27 CHODATH MUJEEBURAHMAN, AGE 20 YEARS (MINOR), REPRESENTED BY HIS MOTHER AND GUARDIAN CHODATH HABSABI (D6)`** - **`28 CHODATH RAHEEMABI, AGE 18 YEARS, D/O. CHODATH HABSABI.`** - **`29 CHODATH MOHAMMED ALTHAF HUSSAIN,`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 22 ``` ``` AGE 7 YEARS (MINOR), REPRESENTED BY HIS MOTHER AND GUARDIAN CHODATH HABSABI (D6) ``` - **`30 CHODATH ABDUL SHUKOOR, AGE 19 YEARS, S/O. CHODATH HAJEROMMABI 7TH DEFENDANT.`** - **`31 CHODATH KAREEMABI, AGE 17 YEARS (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN, CHODATH HAJEROMMABI (D7).`** - **`32 CHODATH MOHAMMED KAREEM, AGE 16 YEARS (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN, CHODATH HAJEROMMABI (D7).`** - **`33 CHODATH NOORJAHAN, AGE 14 YEARS (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN, CHODATH HAJEROMMABI (D7).`** - **`34 CHODATH SAIFUDHEEN,AGE 7 YEARS (MINOR),REPRESENTED BY HER MOTHER AND GUARDIAN, CHODATH HAJEROMMABI (D7).`** - **`35 CHODATH RUKSANA BEEGUM,AGE 5 1/2 YEARS (MINOR), REPRESENTED BY HER MOTHER AND GUARDIAN, CHODATH HAJEROMMABI (D7).`** - **`36 CHODATH MOHAMMED KURAISHI, AGE 17 YEARS (MINOR), S/O. CHODATH KUNHIBI, REPRESENTED BY HIS MOTHER AND GUARDIAN 8TH DEFENDANT.`** - **`37 CHODATH MOHAMMED SAMEER,AGE 11 YEARS (MINOR) REPRESENTED BY HIS MOTHER AND GUARDIAN 8TH DEFENDANT.`** - **`38 CHODATH BEEBI AYISHA,AGE 8 YEARS (MINOR), REPRESENTED BY HIS MOTHER AND GUARDIAN 8TH DEFENDANT.`** - **`39 CHODATH KHASIM AKRAM, AGE 8 YEARS, S/O. SHAMSHED BEEGUM, REPRESENTED BY HIS MOTHER AND GUARDIAN 11TH DEFENDANT.`** - **`40 CHODATH NASEEF,AGE 6 YEARS, S/O. SHAMSHED BEEGUM, REPRESENTED BY HIS MOTHER AND GUARDIAN 11TH DEFENDANT.`** - **`41 CHODATH MOHAMMED IRFAN, AGE 11 YEARS, S/O. CHOODATH BUSHRABI, REPRESENTED BY HIS MOTHER AND GUARDIAN 17TH DEFENDANT.`** - **`42 CHODATH DHARVESH KHAN, AGE 9 YEARS, S/O. CHOODATH BUSHRABI, REPRESENTED BY HIS MOTHER AND GUARDIAN 17TH DEFENDANT.`** - **`43 CHODATH NOOR MOHAMMED, AGE 8 YEARS, S/O. CHOODATH BUSHRABI, REPRESENTED BY HIS MOTHER AND GUARDIAN 17TH DEFENDANT.`** - **`44 CHODATH MOHAMMED SHAFEEK, AGE 6 YEARS, S/O. CHOODATH BUSHRABI, REPRESENTED BY HIS MOTHER AND GUARDIAN 17TH DEFENDANT.`** - **`45 CHODATH NALLAKOYA, AGE 58 YEARS, S/O. CHODATH SOUDHABI.`** - **`46 CHODATH RAHMANI, AGE 54 YEARS, D/O. CHODATH SOUDHABI..`** - **`47 CHODATH MOHAMMED RAFI, AGE 33 YEARS, S/O. CHODATH SOUDHABI.`** - **`48 CHODATH KHAMERBAN, AGE 30 YEARS, D/O. CHODATH SOUDHABI.`** - **`49 CHODATH RAMLETHBI,`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 23 ``` ``` AGE 27 YEARS, D/O.CHODATH SOUDHABI. ``` - **`50 CHODATH MURTHULLA, AGE 22 YEARS, S/O. RAHMABI (46TH DEFENDANT).`** - **`51 CHODATH ASHAR, AGE 10 YEARS, (MINOR) S/O. CHODATH KHAMERBAN, REPRESENTED BY HIS MOTHER AND GUARDIAN 48TH DEFENDANT.`** - **`52 CHODATH SAHLA,`** - **`AGE 8 1/2 YEARS (MINOR) , D/O. CHODATH KHAMERBAN, REPRESENTED BY HIS MOTHER AND GUARDIAN 48TH DEFENDANT.`** - **`53 CHODATH AJMAL, AGE 7 YEARS (MINOR) , S/O.CHODATH KHAMERBAN, REPRESENTED BY HIS MOTHER AND GUARDIAN 48TH DEFENDANT.`** - **`54 CHODATH MOHAMMED AKRAM, AGE 5 1/2 YEARS (MINOR) , S/O. CHODATH KHAMERBAN, REPRESENTED BY HIS MOTHER AND GUARDIAN 48TH DEFENDANT.`** - **`55 CHODATH SHAIKKOYA, AGE 69 YEARS, S/O. LATE CHODATH KUNHIBI.`** - **`56 CHODATH CHERIYAKOYA, AGE 52 YEARS, S/O.LATE CHODATH KUNHIBI.`** - **`57 CHODATH POOKUNHIKOYA, AGE 49 YEARS, S/O. LATE CHODATH SAROMMABI.`** - **`58 CHODATH SAROMMABI, AGE 47 YEARS, D/O. LATE CHODATH PATHUMMABI.`** - **`59 CHODATH MARIYOMMABI, AGE 39 YEARS, D/O. LATE CHODATH KUNHIBI.`** - **`60 CHODATH MUTHUBI, AGE 37 YEARS, D/O. LATE CHODATH KUNHIBI.`** - **`61 CHODATH THAJUNNISABI, AGE 32 YEARS, D/O. LATE CHODATH KUNHIBI.`** - **`62 CHODATH MOHAMMED RAFEEK, AGE 24, S/O.LATE CHODATH KUNHIBI.`** - **`63 CHODATH SUBAIDHA, D/O. CHODATH SAROMMABI.`** - **`64 CHODATH SABIRA BEEGUM, AGE 18 YEARS, D/O. CHODATH MARIYOMMABI.`** - **`65 CHODATH IBRAHIM, AGE 13 YEARS, (MINOR) S/O. CHODATH MARIYOMMABI, REPRESENTED BY HIS MOTHER AND GUARDIAN 59TH DEFENDANT.`** - **`66 CHODATH NOUSHIRA, AGE 21 YEARS, D/O. CHODATH MUTHUBI.`** - **`67 CHODATH UBAIDHULLA, AGE 17 YEARS (MINOR), S/O. CHODATH MUTHUBI, REPRESENTED BY HIS MOTHER AND GUARDIAN 59TH DEFENDANT.`** - **`68 CHODATH NAWADH, AGE 13 YEARS (MINOR), S/O. CHODATH MUTHUBI, REPRESENTED BY HIS MOTHER AND GUARDIAN 59TH DEFENDANT.`** - **`69 CHODATH SAJADHATHUNNISABI, AGE 6 YEARS (MINOR), D/O.CHODATH MUTHUBI, REPRESENTED BY HIS MOTHER AND GUARDIAN 59TH DEFENDANT.`** - **`70 CHODATH SAWADH, AGE 13 YEARS (MINOR), S/O. THAJUNNISA,`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 24 ``` ``` REPRESENTED BY HIS MOTHER AND GUARDIAN 59TH DEFENDANT(D61) ``` - **`71 CHODATH NASEELA,AGE 9 YEARS (MINOR) S/O. THAJUNNISA, REPRESENTED BY HIS MOTHER AND GUARDIAN 59TH DEFENDANT(D61)`** - **`72 CHODATH CHERUKULATH KAVUNJI, AGE 72 YEARS, S/O. SAKEENABI, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3. (DIED)`** ``` (R73, R74 AND R75 ARE RECORDED AS THE LEGAL REPRESENTATIVES OF DECEASED R72 VIDE ORDER DATED 07/07/2017 IN MEMO DATED 15/03/2011 CF 1773/2011) ``` - **`73 CHODATH MAJEED,AGED 55 YEARS, S/O. SAKEENABI, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.`** - **`74 CHODATH RAMLATH,AGED 52 YEARS, D/O. SAKEENABI, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.`** - **`75 CHODATH HOULATH, AGED 47 YEARS, D/O. SAKEENABI, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.`** - **`76 CHODATH MAMU, AGE 79 YEARS, S/O. NOT KNOWN, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.`** - **`77 C.K. RUMTHAZ, AGE 26 YEARS, D/O. CHODATH CHERUKULATH RAMLATH, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.`** - **`78 C.K. RAYEEZ, AGED 24 YEARS, S/O. CHODATH CHERUKULATH RAMLATH, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.`** - **`79 C.K. RAFEENATH,`** - **`AGED 22 YEARS, D/O. CHODATH CHERUKULATH RAMLATH, C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3.`** - **`80 C.K. RASHEED, AGED 17 YEARS (MINOR), S/O. CHODATH CHERUKULATH RAMLATH REPRESENTED BY HIS MOTHER AND GUARDIAN -DO- (D74).`** - **`81 C.K.HAMLATH, AGE 23 YEARS, D/O. HOULATH, ROOM NO.3, CK 22C ANJU KANDY 138, KANNUR-17.`** - **`82 C.K. ASLAM, AGE 17 YEARS (MINOR), REPRESENTED BY HIS MOTHER AND GUARDIAN 75TH DEFENDANT- HOULATH.`** - **`83 C.K. MUNEERA, AGE 42 YEARS, D/O. SAKEENABI, CP COTTAGE, KATTAMPALLY, KANNUR-15.`** - **`84 C.K. MUNEEZ,AGE 22 YEARS, D/O. CHODATH CHERUKULATH MUNEERA, CP COTTAGE, KATTAMPALLY, KANNUR-15.`** - **`85 C.K. ASTHAKKIR, AGE 20 YEARS, S/O. CHODATH CHERUKULATH MUNEERA, CP COTTAGE, KATTAMPALLY, KANNUR-15.`** - **`86 C.K. ASURA,AGE 18 YEARS, D/O. CHODATH CHERUKULATH MUNEERA, CP COTTAGE, KATTAMPALLY, KANNUR-15.`** - **`87 CHODATH HAJEROMMABI, AGE 69 YEARS, D/O. CHODATH UMMABI, ANDROTH, (DIED)`** ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 25 ``` ``` (R89 IS RECORDED AS THE LEGAL HEIR OF DECEASED R87 VIDE ORDER DATED 04/10/10 ON MEMO DATED 10/08/2010 - CF 4548/10) ``` - **`88 CHODATH SAFIYABI, AGE 67 YEARS, D/O. CHODATH UMMABI, ANDROTH`** - **`89 CHODATH KUNHIBI, AGE 50 YEARS, D/O. CHODATH HAJEROMMABI ANDROTH.`** - **`90 CHODATH SUHARABI, AGE 49 YEARS, D/O. CHODATH SAFIYABI, ANDROTH.`** - **`91 CHODATH SAROMMABI, AGE 47 YEARS, D/O. CHODATH SAFIYABI, ANDROTH.`** - **`92 CHODATH MOHAMMED ABOO SALIH, AGE 31 YEARS, S/O.CHODATH SAFIYABI, ANDROTH.`** - **`93 CHODATH HAMEEDATH,AGE 20 YEARS, D/O. CHODATH KUNHIBI, ANDROTH.`** - **`94 CHODATH NASEERA BEEGUM, AGE 18 YEARS, D/O. CHODATH KUNHIBI, ANDROTH`** - **`95 CHODATH ABDUL KHADRU JILANI, AGE 31 YEARS, S/O. CHODATH SUHARABI, ANDROTH.`** - **`96 CHODATH IRSHAD BEEGUM, AGE 27 YEARS, D/O.CHODATH SUHARABI, ANDROTH..`** - **`97 CHODATH ISHOMMABI, AGE 26 YEARS, D/O. CHODATH SAROMMABI, ANDROTH.`** - **`98 CHODATH RAMEEDHA BEEGUM, AGE 20 YEARS, D/O.CHODATH SAROMMABI, ANDROTH.`** - **`99 CHODATH RAJEENA, AGE 18 YEARS, D/O.CHODATH SAROMMABI, ANDROTH.`** ``` (RESPONDENTS 1 TO 71 AND 87 TO 99 ARE ANDROTH ISLANDERS AND RESPONDENTS 72 TO 86 ARE RESIDING AT C.K. HOUSE, NEAR SHAIK MASJID, KANNUR-3) ``` - **`ADDL. LAND ACQUISITION OF COLLECTOR, UNION TERRITORY OF R100. LAKSHADWEEP, COLLECTORATE, KAVARATTI. (DELETED)`** ``` (ADDL. R100 IS IMPLEADED AS PER ORDER DATED 17/12/2009 IN IA 4524/09) ``` ``` (ADDL. R100 IS DELETED FROM PARTY ARRAY VIDE ORDER DATED 10/06/10 IN IA 4524/09) ``` ``` BY ADVS.SRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP SRI.T.H.ABDUL AZEEZ – R1 TO R71 R88 TO R96, R98 & R99 BY ADVS.SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN ``` ``` R100 BY ADVS.NEELAKANDAN P.M V.SAJITH KUMAR ``` ``` THIS REGULAR FIRST APPEAL HAVING COME UP FOR HEARING ON 21.07.2022, ALONG WITH AS.281/1998 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 26 ``` ## **`JUDGMENT`** ``` A suit for setting aside two documents and recovery of possession in O.S.No.10/1987 re-numbered as 5/1997 was decreed by the District Court, Kavarathy, Lakshadweep, against which the defendants 1 to 13 came up in A.S. No.281/1998. The defendants No. 36 to 52 came up in appeal in A.S.No.488/1998. Another suit – O.S.No.6/2000 for partition was dismissed by the trial court, against which the plaintiffsinthatsuitcameupin ``` ``` R.F.A.No.394/2005. ``` ``` 2.The dispute is pertaining to two documents, Exts.A5 dated 26/11/1970 executed by Koyamma Koya and Ext.A13 exchange deed executed between some of the defendants, which according to the plaintiffs are not binding on the property left out by Chodath Tarwad of Androth island, the plaint schedule, on the ground that it is a 'Vellyazhcha' property belonged to the Tarwad, wherein the executant Koyamma Koya was having only a right of enjoyment without the right of alienation. It is submitted that Chodoth Tarwad was having four thavazhi by name ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 27 ``` ``` Shaik Koya thavazhi, Abdulkader Koya thavazhi, Ayshomma thavazhi and Cheriyabi thavazhi. Koyamma Koya admittedly was the last member of Shaik Koya thavazhi and was holding the property covered by Ext.A5 registered deed. By virtue of Ext.A5, Koyamma Koya had given his entire exclusive right, title and interest over the property to defendants 1 to 13. The abovesaid document was sought to be set aside on the ground that Koyamma Koya was not having any alienable right over the property, but only a right of enjoyment being a 'Vellyazhcha' property belonged to the Tarwad. No delivery of possession was given at the time of execution of Ext.A5 registered assignment deed, but the recital contained in the document would show delivery of possession of property, though the same would not constitute a term of contract and as such there may not be any application of Section 91 of the Evidence Act and parol evidence is permissible to show the contrary. But, there is no satisfactory evidence to show that no delivery of possession was effected either at the time of Ext.A5 or in furtherance of the said document. Necessarily, the recital ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 28 ``` ``` included in Ext.A5 document, which amounts to a declaration by the executant that delivery of possession was given, has to be accepted especially when the plaintiffs admit that they were not in possession of the property and included a relief of recovery of possession in the suit, from the defendants. ``` ``` 3.The present suit was filed only on 18/12/1987 after the expiry of more or less 17 years from the date of execution of Ext.A5 document. The case advanced by the plaintiffs that they came to know about the alienation only subsequently cannot be sustained in view of the deemed and constructive notice as incorporated under Section 3 of the Transfer of Property Act, especially when there is delivery of possession of property in furtherance of Ext.A5, which would sufficiently give constructive notice of execution of deed of transfer. Any wilful abstention from making an enquiry which ought to have been done would also constitute constructive notice of the fact that somebody has inducted into the property and given possession thereof. The suit was ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 29 ``` ``` admittedly instituted after the lapse of more or less 17 years. In order to counter the bar of limitation, it was contended that Ext.A5 document would stand ab initio void from its very inception. Even if it is admitted that the document would standab initio void from its very inception, a suit for recovery of possession must be maintained within a period of 12 years, when possession was given based on a registered deed and acted upon by the beneficiary by entertaining a belief that it is a valid deed of ownership and exercised the right of ownership over the property based on possession. The suit filed after the expiry of more or less 17 years for recovery of possession hence cannot be sustained. Needless to say, it is upon the plaintiffs to show and establish that the suit was instituted within the period of limitation by virtue of Section 3 of the Limitation Act. There is ample evidence to show that defendants 1 to 13 are in possession of the property and even the plaintiffs have admitted possession of property with the defendants by instituting a suit for recovery of possession along with other reliefs. ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 30 ``` ``` Ext.A5 document is of the year 1970 and the executant Koyamma Koya died in the year 1976. Till that time, no challenge was raised against the alienation made. ``` ``` 4.Admittedly, there are four thavazhi in the Tarwad by name Chodoth Tarwad in Androth Island viz., Shaik Koya Thavazhi, Abdulkader Koya Thavazhi, Ayshomma Thavazhi and Cheriyabi Thavazhi and a partition was effected in the year 1926 and 1954. It is contended that the parties are not governed by Marumakkathayam law as claimed by the plaintiffs, but there is a custom of absolute partition and as such, both the partitions are complete and came into effect. Hence, the property allotted to the share of each thavazhi is complete and they will get exclusive right over the respective property. Since Koyamma Koya is the last surviving member of thavazhi of Shaik Koya, the alienation made by him under Ext.A5 is valid as there is no one else in the thavazhi to challenge its execution. The present suit is filed by the members of another thavazhi. There is no dispute that the two partitions effected in the year 1926 ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 31 ``` ``` and 1954 were signed by all the members of the Tarwad, who are competent to represent the Tarwad. ``` ``` 5.The trial court by relying on various decisions and the custom prevailed in the island traced out the history of the settlers in the island, who had migrated from the west coast of India at a time when Marumakkathayam law was not codified. The trial court further by referring a recognized authority - P.R.Sundaram Iyer on Malabar and Aliyasanthana law and also the decision rendered by the High Court of Travancore 1884 (S.A.No.59 of 1054) and the decision rendered by this Court in Avvammada Pathymmabi and Others v. Avvammada Sarommabi and Others (AIR 1992 Ker. Page 57) found that the parties are governed by pristine Marumakkathayam law and governed by the custom prevailed in the island. It is also found that the partition entered into by four thavazhi cannot be considered as a complete partition as it is not permissible to have a partition of 'Velliyazhcha' property belonged to the Tarwad. It is also found that the partition entered into hence cannot be considered as a complete partition, but only for ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 32 ``` ``` enjoyment of respective properties allotted thereunder and they will not get any right of alienation. Even if it is accepted that the parties are governed by custom, it is an admitted case that all the thavazhi and the respective members are signatories to the earlier partition of the year 1926 and 1954 and it was acted upon by the respective parties. Hence, even in the case of existence of a custom, when the parties and the members, who are competent to represent the Tarwad had acted upon the property with free volition and entered into a partition and diverted and separated the property into four thavazhi namely, Shaik Koya thavazhi, Abdulkader Koya thavazhi, Ayshomma thavazhi and Cheriyabi thavazhi, it is not permissible to eschew the same on the basis of any custom prevailed and the parties would stand estopped by their voluntary act, in which, custom has no role to play, though it is amenable to a third person to challenge the arrangement or the partition based on any custom which has a binding force and recognition. The concept of Tarwad must be understood for the purpose of the pristine ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 33 ``` ``` Marumakkathayam law and the custom prevailed at that time and shall not be read to give any perpetual status as there may be sub-Tarwad and thavazhi, which would come into effect by passing of time. Hence, giving a perpetual status to the original Tarwad, apart from any sub-Tarwad and thavazhi, for the purpose of retaining the property unalienable would offend the concept of freedom guaranteed by our Constitution and it would support the forbidden principle of accumulation of assets. The two partitions effected in the year 1926 and 1954 should be understood in the said background and the act of parties which were not brought under challenge till the filing of the suit in the year 1997. By that time more than 30 years have already elapsed and the parties have acted upon the partition deed. As such, it is too dangerous to give another status to the partition deed in the light of any custom prevailed in the society. It is otiose to give a different connotation than what is actually intended by the parties voluntarily by entering into a partition. In short, the act of parties once found to be genuine and voluntary and done under the ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 34 ``` ``` competency, they cannot on a later stage be permitted to challenge their earlier act based on any custom prevailed and they would stand estopped by their conduct. The person litigating under a party to the partition would also stand estopped by the conduct of their predecessor-in-interest. Hence, the finding of the trial court that the partition is not complete, but only for the purpose of separate enjoyment based on the custom prevailed in the society cannot be accepted. There is a total failure on the part of the trial court to differentiate an act of party voluntarily done and application of a custom. Both are different having different legal consequences. Further, it has also come out in evidence that the other two thavazhi has sold several properties, which were allotted to their respective thavazhi and accordingly, they have acted upon the partition. When all parties have consented to a partition with respect to the property held by the Tarwad to divide the same into each thavazhi and acted upon the partition without challenging the same for a long period of more than 30 years, it is too hazardous to permit any of the ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 35 ``` ``` party to the partition or any person litigating thereunder to challenge the same. ``` ``` 6.It is settled that when the custom offends any fundamental rights of a citizen under Article 19(1)(a) after the advent of Constitution, that custom would stand void. The legal position was very much settled by this Court in Sheikriyammada Nalla Koya v. Administrator, Union Territory of Laccadives (1967 KLT 395). The impact of Article 19(1)(f) which guarantees every citizen to hold and dispose the property was taken into consideration by this Court by referring to the decisions rendered by the Apex Court in Narendra Kumar v. Union of India (AIR 1960 SC 430), Chintaman Rao v. State of Madhya Pradesh (AIR 1951 SC 118), State of Madras v. V.G.Row (AIR 1952 SC 196), Ram Sarup v. Munshi (AIR 1963 SC 553), Sant Ram v. Labh Singh (AIR 1965 SC 314)and Babu Ram v. Bajnath Singh (AIR 1962 SC 1476). The question that was taken up and laid down is pertaining to the right of pre-emption prevalent by way of custom in the island and whether it would offend the mandate under Article 19(1)(f) of the Constitution and it was consistently held by the ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 36 ``` ``` Apex Court that complete restriction on alienation is unreasonable and cannot be sustained though the right of pre-emption based on custom is found to be valid. In Ram Sarup v. Munshi (AIR 1963 SC 553), the Apex Court had upheld the validity of custom relating to pre-emption. It was a case wherein a right of pre-emption was given to the members of family of vendor and found that the custom is valid, but further held that the custom of pre-emption on the ground of vicinage is unreasonable. ``` ``` 7.In the instant case, what is involved is the validity of partition of the year 1926 and 1954 and whether it amounts to complete partition or only an arrangement of enjoyment of properties on the basis of the alleged custom prevailed. After the advent of Constitution and in view of Article 19, any provision or custom, which would take away the right of alienation would offend the right guaranteed under that Article, but a reasonable restriction or a pre-emption right, which is also a reasonable restriction would be valid. But no such case is involved in the instant case as it is pertaining to the validity of partition of the year ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 37 ``` ``` 1926 and 1954 between four thavazhi of a Tarwad. Hence, these two partition deeds cannot be considered as incomplete. ``` ``` 8.As discussed earlier, there is no much dispute with respect to the fact that in the thavazhi of Shaik Koya, Koyamma Koya is the last member and he had executed Ext.A5 deed, by which delivery of possession was also given. The contention that the abovesaid Ext.A5 is ab initio void cannot be sustained as it was executed by the last surviving member of the thavazhi and none of the members of the thavazhi came up challenging the abovesaid document. The members of the other thavazhi, who are the plaintiffs herein, have no locus standi to challenge the deed of transfer since there is an absolute partition earlier effected by separating the properties of four thavazhi. The suit for recovery of possession cannot be sustained since there is a lapse of more than 12 years from the date of document and delivery and they were holding the property as if and under the belief of valid ownership over the property. Koyamma Koya passed away on 4/11/1976 and Ext.A5 is the of year ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 38 ``` ``` 1970 and the present suit is of the year 1987. Hence, the suit will not stand, stood hopelessly barred by limitation. ``` ``` 9.On coming into O.S.No.6/2000, it is a suit for partition which was dismissed by the trial court. There are four schedule to the suit – A, B, C and D. The D schedule is the subject of Ext.A5 and A13 document, hence not available for partition. As far as other properties are concerned, it is the property of Chodoth Tarwad and are available for partition. Since the thavazhi of Shaik Koya had earlier alienated, D schedule under Ext.A5 and also by exchange under Ext.A13, they are estopped from claiming any right, title or interest over the remaining properties left out by the Tarwad and a decree of partition can be granted in favour of three thavazhi, namely the thavazhi of Abdul Khadar Koya (Cheriya Koya thavazhi), Cheriyabi thavazhi and Ayshomma thavazhi based on the principle of frustration (forfeiture) of right of partition settled by this Court in Gopakumar and Others v. Kamalakshy Purushothaman and Others (2019 (3) KHC 478). Hence, the decree and judgment of the trial ``` ``` AS Nos.281/1998, 488/1998 and RFA 394/2005 39 ``` ``` court dismissing O.S.No.6/2000 is hereby set aside and a preliminary decree for partition by metes and bounds and separation of 1/3[rd] right of plaintiffs and defendants 87 to 99 to the thavazhi of Cheriyabi is granted. The remaining shares would go to the thavazhi of Ayshomma and Abdul Khadar Koya. A preliminary decree is passed accordingly. ``` ``` The trial court shall proceed with the final decree proceedings in view of the legal position settled by the Apex Court inKattukandi Edathil Krishnan and Another v. Kattukandi Edathil Valsan and Others (2022 SCC Online SC 737), for which the parties shall appear before the trial court on 15/09/2022. R.F.A.No.394/2005 will stand allowed accordingly. The other two appeals, A.S.No.281/1998 ``` ``` and 488/1998 will also stand allowed. The suit – O.S.No. 10/1987 will stand dismissed. There is no order as to costs. ``` ## **`Sd/-`** ## **`P.SOMARAJAN`** ``` JUDGE ``` msp