South Coast Spices Exports (P) Ltd. v. K.J. Plantations & Others; O.S. No. 553 of 1991, Palakkad; A.S. Nos. 871/1996, 884/1996, 912/1996; R.P. Nos. 273/2012, 283/2012, and connected matters; High Court of Kerala (Division Bench)

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON ``` ``` MONDAY, THE 20[TH] DAY OF MAY 2024 / 30TH VAISAKHA, 1946 ``` ``` AS NO.871 OF 1996 ``` ``` AGAINST THE JUDGMENT DATED 27.05.1995 IN OS NO.553 OF 1991 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT/COMMERCIAL COURT, PALAKKAD ``` ``` APPELLANT/4[TH] DEFENDANT: ``` ``` M/S.SOUTH COAST SPICES EXPORTS (P) LTD. 13/600, KOCHANGADI, COCHIN, REPRESENTED BY ITS MANAGING DIRECTOR SMT.BINA S PALACHI, 6/219 VITHAL NILAYAM, KOORKANCHERRY TRICHUR -7. ``` ``` BY ADVS. P.R.VENKATESH P.R.RAJA ``` ## **`RESPONDENTS/PLAINTIFFS, DEFENDANTS 1 TO 3 AND`** ``` DEFENDANTS5 TO 14: ``` ``` 1M/S.K.J.PLANTATIONS KILIKKOLLOOR, QUILON -4, REPRESENTED BY ITS MANAGING PARTNER, SRI.K.SOMASUNDARAN, RESIDING AT KESAVA VILASAM, BUNGLAW, MANGOD, QUILON-4. ``` ``` 2K.SOMASUNDARAN, S/O.KESAVAN, AGED 50 YEARS, MANAGING PARTNER OF K.J.PLANTATIONS, KILIKKOLLOOR, QUILON, RESIDING AT KESAVA VILASAM, BUNGLAW, MANGAD, QUILON-4. 3K.YASODHARAN, AGED 48 YEARS, S/O.KESAVAN, RESIDING AT SHANMUGHA VILASAM HOUSE, DO. DO. 4SURESH, AGED 46 YEARS, S/O. DO. DO. *5K.RAJU, AGED 42 YEARS, S/O. DO. DO. (DIED) 6DR.K.JAGADESAN, AGED 55 YEARS, S/O. DO 927, POONAMALAI, HIGH ROAD, MADRAS. ``` 2 R.P. No.273 of 2012 & Con. Cases - **`7 K.SANTHAKUMARI, AGED 50 YEARS, D/O. DO. SHANMUGHA VILASAM HOUSE, MANGADCHERRY, KILIKKOLLOOR VILLAGE, QUILON DISTRICT.`** - **`8 DR.K.MOHANDAS, AGED 46 YEARS, 927, POONAMALAI HIGH ROAD, MADRAS`** - **`9 LATHA BHAGAVALDAS,AGED 36 YEARS, D/O.K.SOMASUNDRAM, KESAVAVILASAM, MANAGADCHERRI, KILIKKOLLOOR, QUILON DISTRICT.`** - **`10 K.S.VENUGOPAL, AGED 34 YEARS, S/O.SOMASUNDARAN, RESIDING AT KESAVAVILASAM, MANGADCHERRI, KILIKKOLLOOR, QUILON DISTRICT.`** - **`11 JUNIOR JAGADESAN, S/O.DR.K.JAGADESAN, AGED 22 YEARS, 927, POONAMALAI HIGH ROAD, MADRAS.`** - **`12 SANJU YESODHARAN, @SANJITH V. S/O.K.YESODHARAN, AGED 21 YEARS, SHAMUGHA VILASAM HOUSE, MANGADCHERRI, KILIKKOLLOOR, QUILON DISTRICT.`** - **`13 SUMITH SURESH, S/O.K.SURESH, AGED 23 YEARS, RESIDING AT RESIDING AT DO. DO.`** - **`14 SWITWIN SURESH, S/O.K. SURESH, AGED 21 YEARS, RESIDING AT SHAMUGHA VILASAM HOUSE, MANGADCHERRI, KILIKKOLLOOR, QUILON DISTRICT.`** - **`15 M/S.NATIONAL SPICES, 5/185, KOORKENCHERRY, THRISSUR, REPRESENTED BY MANAGING PARTNER, MAHENDRAKUMAR D., VITHAL NILAYAM, KOORKENCHERRY.`** - **`16 K.MAHENDRAKUMAR, S/O.SUNDARADAS RATHAN SEY, AGED 65 YEARS, DO.`** - **`17 M.S.M.HANEEFA, S/O.MOHAMMED SALI, AGED 51 YEARS, FARM HOUSE, KOTTAMAM, PARASUVAIKAL DESOM AND VILLAGE, NEYYATHIKARA TALUK, TRIVANDRUM DISTRICT.`** - **`18 MEERA SAHIB, S/O.MOHAMMED KANNU, AGED 32 YEARS, THUNDUVILAKATHU, T.B.JUNCTION, NEYYATHIKARA.`** - **`19 BIYATHIKANNU, D/O. PODIPILLAI, AGED 60 YEARS, HOUSE WIFE, HASAR MANZIL, AMARAVILA, CHENGAL VILLAGE, NEYYATHINKARA.`** - **`20 SHAJAHAN, S/O.JAMALUDEEN, AGED 28 YEARS, PULIMOTTIL HOUSE, T.B.JUNCTION, NEYYATHIKARA.`** - **`21 P.BEE PATHIMA,`** - **`D/O.MOHAMMED KANNU HAJIYAR, AGED 56 YEARS,`** 3 R.P. No.273 of 2012 & Con. Cases ``` KALPADI HOUSE, THANGAPATTAM, PAINKULAM VILLAGE, VILAVINKODE TALUK, KANYAKUMARI DISTRICT. ``` ``` 22VIJAYAN NAIR, S/O.SUKUMARAN NAIR, AGED 36 YEARS, KRISHNA VILASAM, CHENGAL VILLAGE, NEYYATHINKARA. ``` - **`23 LIYAKATH ALI KHAN,`** - **`S/O.MEHABOOB ALIKHAN, AGED 34 YEARS, NOOR MAHAL, N.C.C.JUNCTION, CHETTIVILAKOM VILLAGE, TRIVANDRUM TALUK.`** ``` 24RAHAMATH BEEVI, D/O.EBRAHIM KANNU, AGED 45 YEARS, FARM HOUSE, PARASUVAIKAL, NEYYATHINKARA. ``` ## **`25 ASGAR,`** ``` S/O.MOHAMMED HANSEFA, AGED 22 YEARS, RESIDING AT FARM HOUSE, PARASUVAIKAL, NEYYATTINKARA. ``` ``` 26ANIL, S/O.MOHAMMED HANEEFA, AGED 22 YEARS, FARM HOUSE, PARAMKALAL, NEYYATTINKARA ``` - **`**27 K.MADHUSUDHANAN NAIR, ADVOCATE RECEIVER, O.S. 62 OF 1986 OF THE SUB COURT, PALAKAD.`** ``` **(NAME OF THE 27[TH] RESPONDENT IS DELETED AND SUBSTITUTED IN HIS PLACE ‘N.S. KRISHNAN, ADVOCATE RECEIVER, CHETTY STREET, PALAKKAD.’ AS PER ORDER DATED 13.03.2000 IN CMP NO.1401 OF 2001) ``` ``` *(LEGAL REPRESENTATIVES OF THE 5[TH] RESPONDENT IS IMPLEADED AS ADDITIONAL RESPONDENTS 28 TO 30 AS PER ORDER DATED 13.03.2020 IN CMP NO.1234/98). ``` ``` BY ADVS. ``` ``` B.MURALEEDHARAN ``` ``` R.AZAD BABU V.V.ASOKAN (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.G.RAJAGOPALAN S.M.PREM K.P.SANTHI P.GOPAL ``` ``` P.G.PARAMESWARA PANICKER (SR.) ``` 4 R.P. No.273 of 2012 & Con. Cases ## **`ANJALI DEVI.H`** ``` K.I.MAYANKUTTY MATHER (SR.) ``` ## **`THIS APPEAL SUITS HAVING COME UP FOR ADMISSION ON`** ``` 20.05.2024, ALONG WITH RP.273/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 R.P. No.273 of 2012 & Con. Cases ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON ``` ``` MONDAY, THE 20[TH] DAY OF MAY 2024 / 30TH VAISAKHA, 1946 ``` ``` AS NO.884 OF 1996 ``` ``` AGAINST THE JUDGMENT DATED 27.05.1995 IN OS NO.553 OF 1991 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT/ ``` ``` COMMERCIAL COURT, PALAKKAD ``` ``` APPELLANT/PLAINTIFFS: ``` - **`1 M/S.K.J.PLANTATIONS KILIKKOLLOOR, QUILON -4.`** - **`2 K.SOMASUNDARAM, S/O.KESAVAN, MANAGING PARTNER OF K.J.PLANTATIONS, KILIKKOLLOOR, QUILON, RESIDING AT KESAVA VILASOM BUNGALOW, MANGAD, QUILON-4.`** - **`*3 K.YESODHARAN,`** - **`S/O.KESAVAN, SHANMUGHA VILASAM HOUSE, OF DO. DO. (DIED)`** - **`*(LEGAL HEIRS ARE IMPLEADED AS ADDL. APPELLANTS 18 TO 20 VIDE ORDER DATED 12.09.2007 ON IA NO.3433/2005)`** - **`4 SURESH S/O.KESAVAN, OF DO. DO.`** - **`**5 K.RAJU`** ``` S/O.KESAVAN, OF DO. DO. (DIED) ``` ``` **(LEGAL REPRESENTATIVES ARE IMPLEADED AS ADDITIONAL APPELLANTS 15 TO 17 AS PER ORDER DATED 04.11.1998 ON CMP 1751/1998). ``` - **`6 DR.K.JAGADEESAN, S/O.KESAVAN, 927, POONAMALAI HIGH ROAD, MADRAS.`** - **`7 K.SANTHAKUMARI, D/O.KESAVAN, SHANMUGHA VILASOM HOUSE,MANGADCHERRY, KILIKKOLLOOR VILLAGE, QUILON DISTRICT.`** - **`8 Dr.K.MOHANDAS,`** - **`927, POONAMALAI HIGH ROAD, MADRAS.`** 6 R.P. No.273 of 2012 & Con. Cases - **`9 LATHA BHAGAVALDAS,`** - **`D/O.K.SOMASUNDARAM, KESAVA VILASAM BUNGALOW, MANGADCHERRY, KILIKKOLLOOR, QUILON DISTRICT.`** - **`10 K.S.VENUGAPAL, S/O.SOMASUNDARAM, RESIDING AT KESAVA VILASAM, MANGADCHERRY, KILIKKOLLOOR, QUILON DISTRICT.`** - **`11 JUNIOR JAGADEESAN, S/O.DR.K.JAGADEESAN, 927, POONAMALAI HIGH ROAD, MADRAS.`** - **`12 SANJU YESODHARAN ALIAS SANJITH Y, S/O.K.YESODHARAN, SHANMUGHA VILASAM HOUSE, MANGADCHERRY, KILIKKOLLOOR, QUILON DISTRICT.`** - **`13 SUMITH SURESH, S/O.K.SURESH, OF DO. DO.`** - **`14 SWITWIN SURESH, S/O.K.SURESH, OF DO. DO. ADDITIONAL APPELLANTS A15 TO A17 IMPLEADED`** - **`**15 WIDOW, T.S.RADHA SHANMUGHA VILAS HOUSE, KILIKOLLOOR, KOLLAM -4.`** - **`**16 (CHILDREN) KEERTHANA RAJU, MINOR`** - **`**17 KARTHIK RAJU (MINOR) ADDITIONAL APPELLANT 15, 16 MINOR RESPONDENTS BY THEIR MOTHER AND NEXT FRIEND 1ST PETITION) THE LEGAL REPRESENTATIVES OF THE DECEASED 5TH APPELLANT ARE IMPLEADED AS ADDITIONAL APPELLANTS 15 TO 17 AS PER ORDER DATED 4/11/98 ON CMP 1751/98 ADDITIONAL 18 TO 20 IMPLEADED`** - **`*18 WIDOW, GIRISA YESODHARAN, SHAMM SHANMUGHA VILASAM HOUSE, KILIKOLLOOR KOLLAM 4`** - **`*19 SINDHU SHAHIER, RESIDING AT SHAHIER BUNGALOW, NADAKKAVU, CALICUT-`** - **`*20 SANJITH YESODHARAN SHANMUGHA VILASAM HOUSE, KILIKOLLOOR, KOLLAM-4 LEGAL HEIRS OF THE DECEASED APPELLANT NO.3 ARE IMPLEADED AS ADDITIONAL APPELLANTS 18 TO 20 VIDE ORDER DATED 12/9/07 ON IA 3433/05`** ``` BY ADVS. P.G.RAJAGOPALAN P.R.VENKATESH MRS.NARAYANAKUTTY CHETTUR ``` - **`P.R.RAJA`** 7 R.P. No.273 of 2012 & Con. Cases ## **`DEFENDANTS/RESPONDENTS:`** - **`1 M/S.NATIONAL SPICES, 5/185, KOORKENCHERRY, THRISSUR, REPRESENTED BY MANAGING PARTNER MAHENDRAKUMAR D, VITHAL NILAYAM, KOORKENCHERRY, THRISSUR DISTRICT.`** - **`2 K.MAHENDRAKUMAR,`** ``` S/O.SUNDARADAS RATHAN SEY, OF DO. DO. ``` - **`3 M.S.M.HANEEFA,`** ``` S/O.MOHAMMED SALI, FARM HOUSE, KOTTAMAM, PARASUVAIKAL DESOM AND VILLAGE, NEYYATTINKARA TALUK, TRIVANDRUM DISTRICT. ``` - **`4 M/S.SOUTH COAST SPICES EXPORTS(P)LTD. 13/600, KOCHANGADI, COCHIN.`** - **`5 MEERA SAHIB, S/O.MOHAMMAD KANNU, THUNDUVILAKATH, T.B.JUNCTION, NEYYATTINKARA.`** - **`6 BIYATHIKANNU, D/O.PODIPILLAI, HAZAR MANZIL, AMARAVILA, CHENGAL VILLAGE, NEYYATTINKARA.`** ``` 7SHAJAHAN, S/O.JAMALUDEEN, PULIMOOTTIL HOUSE, T.B.JUNCTION, NEYYATTINKARA. ``` ``` 8P.BEE.FATHIMA, D/O.MOHAMMED KANNU HAJIYAR, KALPADI HOUSE, THANGAPATTANAM, PAINKULAM VILLAGE, VILAVINKODE TALUK, KANYAKUMARI DISTRICT. ``` - **`9 VIJAYAN NAIR, S/O.SUKUMARAN NAIR, KRISHNA VILASAM, CHENGAL VILLAGE, NEYYATTINKARA.`** - **`10 LIYAKATH ALIKHAN`** ``` S/O.MEHABOOB ALIKHAN, NOOR MAHAL, N.C.C. JUNTION, CHETTIVILAKOM VILLAGE, TRIVANDRUM DISTRICT. ``` ``` 11RAHAMATH BEEVI, D/O.EBRAHIM KANNU, FARM HOUSE, PARASUVAIKAL, NEYYATTINKARA. ``` - **`12 ASGAR,`** ``` S/O.MOHAMMED HANEEFA, RESIDING AT FARM HOUSE, PARASUVAIKAL, NEYYATTINKARA. ``` 8 R.P. No.273 of 2012 & Con. Cases ``` 13ANIL, S/O.MOHAMMED HANEEFA, FARM HOUSE, PARAMKALAL, NEYYATTINKARA. ADDITIONAL R14 IMPLEADED ``` ``` ***ADDL.R14M.PRABHASANKAR, ``` ``` ADVOCATE, PALAKKAD, (RECEIVER APPOINTED IN O.S.553 OF 1991 OF SUB COURT, PALAKKAD. ADDITIONAL 14TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 27.2.12 IN I A 2691/11) ``` ``` BY ADVS. P.R.VENKATESH S.M.PREM P.R.RAJA ``` ``` THIS APPEAL SUITS HAVING COME UP FOR ADMISSION ON ``` ``` 20.05.2024, ALONG WITH RP.273/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 9 R.P. No.273 of 2012 & Con. Cases ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON ``` ``` MONDAY, THE 20[TH] DAY OF MAY 2024 / 30TH VAISAKHA, 1946 ``` ``` AS NO.912 OF 1996 ``` ``` AGAINST THE JUDGMENT DATED 27.05.1995 IN OS NO.553 OF 1991 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT/COMMERCIAL COURT, PALAKKAD ``` ``` APPELLANTS/DEFENDANTS5 TO 13: ``` ## **`1 MEERA SAHIB S/O.MOHAMMED KANNU, THUNDUVILAKATHU, T.B.JUNCTION, NEYYATTIKARA.`** - **`2 BEEYATHIKANNU, D/O. PODIPILLAI, NAZAR MANZIL, AMARAVILA, CHENGAL VILLAGE, NEYYATTINKARA.`** - **`3 SHAJAHAN, S/O.JAMALUDEEN, PULIMOTTIL HOUSE, T.B.JUNCTION, NEYYATTIKARA.`** - **`4 P.BEE PATHIMA, D/O.MOHAMMED KANNU HAJIYAR, KALPADI HOUSE, THANGAPATTAM, PAINKULAM VILLAGE, VILAVINKODE, TALUK, KANYAKUMARI DISTRICT.`** ``` *5VIJAYAN NAIR, S/O.SUKUMARAN NAIR, KRISHNA VILASAM, CHENGAL VILLAGE, NEYYATTINKARA. (DIED) ``` ``` *(LEGAL HEIRS ARE IMPLEADED AS ADDITIONAL RESPONDENTS 20 TO 22 AS PER ORDER DATED 16.03.2012 IN CMP NO.1795/98) ``` - **`6 LIYAKATH ALI KHAN, S/O.MEHABOOB ALIKHAN, NOOR MAHAL, N.C.C.JUNCTION, CHETTIVILAKOM VILLAGE, THIRUVANANTHAPURAM TALUK.`** - **`7 RAHAMATH BEEVI, D/O.EBRAHIM KANNU, FARM HOUSE, PARASUVAIKAL NEYYATTINKARA.`** - **`8 ASGAR, S/O.MOHAMMED HANEEFA, RESIDING AT FARM HOUSE, PARASUVAIKAL, NEYYATTINKARA.`** 10 R.P. No.273 of 2012 & Con. Cases - **`9 ANIL,`** - **`S/O.MOHAMMED HANEEFA, FARM HOUSE, PARAMKALAL, NEYYATTINKARA`** ``` BY ADV G.UNNIKRISHNAN ``` ``` RESPONDENTS/PLAINTIFFS 1 TO 14, DEFENDANTS 1 TO 4 AND 14: ``` - **`1 M/S.K.J.PLANTATIONS, KILIKKOLLOOR, KOLLAM -4`** - **`2 K.SOMASUNDARAN, S/O.KESAVAN, MANAGING PARTNER OF K.J.PLANTATIONS, KILIKKOLLOOR, KOLLAM, RESIDING AT KESAVA VILASAM, BUNGLAW, MANGAD, KOLLAM-4`** ``` 3K.YASODHARAN, S/O.KESAVAN, RESIDING AT SHANMUGHA VILASAM HOUSE, MANGOD, KOLLAM-4 ``` - **`4 SURESH, S/O.KESAVAN, RESIDING AT SHANMUGHA VILASAM HOUSE, MANGOD, KOLLAM-4`** - **`5 K.RAJU, S/O.KESAVAN, RESIDING AT SHANMUGHA VILASAM HOUSE, MANGOD, KOLLAM-4`** - **`6 DR.K.JAGADESAN, S/O. KESAVAN, RESIDING AT 927, POONAMALAI, HIGH ROAD, MADRAS.`** - **`7 K.SANTHAKUMARI, D/O. KESAVAN, OF DO DO`** - **`8 DR.K.MOHANDAS RESIDING AT 927, POONAMALAI HIGH ROAD, MADRAS`** - **`9 LATHA BHAGAVADAS, D/O.K.SOMASUNDRAM, KESAVAVILASAM, MANAGADCHERRI, KILIKKOLLOOR, KOLLAM DISTRICT.`** - **`10 K.S.VENUGOPAL, S/O.SOMASUNDARAN, RESIDING AT KESAVAVILASAM, MANGADCHERRI, KILIKKOLLOOR, KOLLAM DISTRICT.`** - **`11 JUNIOR JAGADESAN, S/O.DR.K.JAGADESAN, 927, POONAMALAI HIGH ROAD, MADRAS.`** - **`12 SANJU YESODHARAN, @SANJITH V. S/O.K.YESODHARA, SHAMUGHA VILASAM HOUSE, MANGADCHERRI, KILIKKOLLOOR, KOLLAM DISTRICT.`** 11 R.P. No.273 of 2012 & Con. Cases - **`13 SUMITH SURESH,`** - **`S/O.K.SURESH, RESIDING AT SHAMUGHA VILASAM HOUSE, MANGADCHERRI, KILIKKOLLOOR, KOLLAM DISTRICT.`** - **`14 SWITWIN SURESH, S/O.SURESH, RESIDING AT SHAMUGHA VILASAM HOUSE, MANGADCHERRI, KILIKKOLLOOR, KOLLAM DISTRICT.`** - **`15 M/S.NATIONAL SPICES, 5/185, KOORKENCHERRY, THRISSUR, REPRESENTED BY MANAGING PARTNER, MAHENDRAKUMAR D., VITHAL NILAYAM, KOORKENCHERRY.`** - **`16 K.MAHENDRAKUMAR, S/O.SUNDARADAS RATHAN SEY, DO`** - **`17 M.S .M.HANEEFA, S/O.MOHAMMED SALI, FARM HOUSE, KOTTAMAM, PARASUVAIKAL DESOM AND VILLAGE, NEYYATTIKARA TALUK,`** - **`18 M/S.SOUTH COAST SPICES EXPORTS (P) LTD. 13/600, KOCHANGADI, COCHIN, REPRESENTED BY`** - **`19 K.MADHUSUDHANAN NAIR, ADVOCATE RECEIVER, O.S. 62 OF 1986 OF THE SUB COURT, PALAKKAD.`** - **`*20 RADHA RAJU, SHANMUGHA VILASAM HOUSE MANGAD ,KOLLAM -4`** - **`21 KEERTHANA RAJU, SHANMUGHA VILASAM HOUSE MANGAD ,KOLLAM -4`** - **`22 KARTHIK RAJU, SHANMUGHA VILASAM HOUSE MANGAD, KOLLAM -4`** - **`*(LEGAL HEIRS OF DECEASED 5TH RESPONDENT ARE IMPLEADED AS ADDITIONAL R20 TO 22 AS PER ORDER DATED 16.3.12 IN CMP 1795/98`** ## **`BY ADVS.`** ## **`P.G RAJAGOPALAN`** ``` T.P.KELU NAMBIAR(SR) ``` ## **`THIS APPEAL SUITS HAVING COME UP FOR ADMISSION ON`** ``` 20.05.2024, ALONG WITH RP.273/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 12 R.P. No.273 of 2012 & Con. Cases ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` **==> picture [7 x 8] intentionally omitted <==** ``` THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON ``` ``` MONDAY, THE 20[TH] DAY OF MAY 2024 / 30TH VAISAKHA, 1946 ``` ``` RP NO. 273OF 2012 ``` ``` AGAINST THE ORDER DATED 12.03.2012 IN IA NO.707 OF 2012 IN A.S. ``` ``` NO.871 OF 1996 OF HIGH COURT OF KERALA ``` ``` REVIEW PETITIONERS/RESPONDENT NO.1: ``` ``` M/S SOUTH COAST SPICES EXPORTS (P) LTD., VI/215/9 GRACE PARK, KOORKANCHERRY, TRICHUR -680007. ``` ``` BY ADV P.R.VENKATESH ``` ## **`RESPONDENTS/APPLICANTS 1 TO 3 &`** ``` RESPONDENTS 2 TO 10, 13 TO 23: ``` ``` 1SURESH S/O.KESAVAN, RESIDING AT KESAVA VILASAM BUNGALOW, MANGAD , QUILON-4. ``` ``` 2SANJU YESODHARAN, @SANJITH Y. S/O.K.YESODHARA, SHAMUGHA VILASAM HOUSE, MANGADCHERRY, KILIKKOLLOOR VILLAGE, QUILON DISTRICT. ``` ``` 3SUMITH SURESH, S/O.K.SURESH, SHAMUGHA VILASAM HOUSE, MANGADCHERRY, KILIKKOLLOOR VILLAGE, QUILON DISTRICT. ``` ``` 4M/S.K.J.PLANTATIONS KILIKKOLLOOR, QUILON -4, ``` ``` 5K.SOMASUNDARAN, S/O.KESAVAN, MANAGING PARTNER OF K.J.PLANTATIONS, KILIKKOLLOOR, QUILON, RESIDING AT KESAVA VILASAM, BUNGALOW, MANGAD, QUILON-4 ``` 13 R.P. No.273 of 2012 & Con. Cases - **`6 DR.K.JAGADESAN,`** - **`S/O.KESAVAN, 927, POONAMALAI, HIGH ROAD, MADRAS.`** - **`7 K.SANTHAKUMARI, D/O. KESAVAN, SHAMUGHA VILASAM HOUSE, MANGADCHERRY, KILIKKOLLOOR VILLAGE, QUILON DISTRICT.`** - **`8 DR.K.MOHANDAS S/O.KESAVAN, 927, POONAMALAI HIGH ROAD, MADRAS`** - **`9 LATHA BHAGAVADAS, D/O.K.SOMASUNDRAM, KESAVA VILASAM, BUNGALOW, MANAGADCHERRY, KILIKKOLLOOR, QUILON DISTRICT.`** - **`10 K.S.VENUGOPAL, S/O.SOMASUNDARAN, KESAVA VILASAM,BUNGALOW, MANGADCHERRY, KILIKKOLLOOR, QUILON DISTRICT.`** - **`11 JUNIOR JAGADEESAN, S/O.DR.K.JAGADEESAN, 927, POONAMALAI HIGH ROAD, MADRAS.`** - **`12 SWITWIN SURESH, S/O.K.SURESH, SHAMUGHA VILASAM HOUSE, MANGADCHERRY, KILIKKOLLOOR VILLAGE, QUILON DISTRICT.`** - **`13 M/S.NATIONAL SPICES, GRACE PARK, KOORKENCHERRY, THRISSUR, PIN- 680 007.`** - **`14 K.MAHENDRAKUMAR, S/O.SUNDARADAS RATHAN DEY, VI/215/55. GRACE PARK, KOORKENCHERY, THRISSUR - 680 007.`** - **`15 M.S .M.HANEEFA, (DIED)`** - **`16 MEERA SAHIB, S/O.MOHAMMED KAMU, THUNDUVILAKATH, T.B.JUNCTION, NEYYATHIKARA.`** - **`17 BIYATHIKANNU, D/O. PODIPILLAI, NAZAR MANZIL, AMARAVILA, CHENGAL VILLAGE, NEYYATHINKARA.`** - **`18 SHAJAHAN, S/O.JAMALUDEEN, PULIMOTTIL HOUSE, T.B.JUNCTION, NEYYATHIKARA.`** - **`19 P.E FATHIMA, D/O.MOHAMMED KANNU HAJIYAR, KALPADI HOUSE, THANGAPATTANAM, PAINKULAM VILLAGE, VILAVINKADA, TALUK, KANYAKUMARI DISTRICT.`** 14 R.P. No.273 of 2012 & Con. Cases - **`20 VIJAYAN NAIR,`** - **`S/O.SUKUMARAN NAIR, KRISHNA VILASOM, CHENGAL VILLAGE, NEYYATTINKARA.`** - **`21 LIYAKATH ALI KHAN, S/O.MEHABOOB ALINKHAN, NOOR MAHAL, N.C.C.JUNCTION, CHETTIVILAKOM VILLAGE, TRIVANDRUM DISTRICT.`** - **`22 RAHAMATH BEEVI, D/O.EBRAHIM KAMMU, EARM HOUSE, PARASUVAIKAL, NEYYATTINKARA.`** - **`23 ASGAR, S/O.MOHAMMED HANEEFA, RESIDING AT FARM HOUSE, PARASUVAIKAL, NEYYATTINKARA.`** - **`24 ANIL, S/O.MOHAMMED HANEEFA, FARM HOUSE, PARASUVAIKAL, NEYYATTINKARA`** - **`25 M.PRABHASANKAR,`** ``` ADVOCATE, PALAKKAD, RECEIVER IN OS 553 OF 1991 OF SUB COURT, PALAKKAD. ``` ``` BY ADVS. ``` ``` P.GOPAL ``` - **`P.G RAJAGOPAL`** - **`P.G.RAJAGOPALAN`** - **`B.MURALIDHARAN`** - **`B.MURALEEDHARAN`** ## **`THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON`** ``` 20.05.2024, ALONG WITH AS.871/1996, 884/1996 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 15 R.P. No.273 of 2012 & Con. Cases ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON ``` ``` MONDAY, THE 20[TH] DAY OF MAY 2024 / 30TH VAISAKHA, 1946 ``` ``` RP NO. 283OF 2012 ``` ``` AGAINST THE ORDER DATED 12.03.2012 IN AS NO.871 OF 1996 OF HIGH ``` ``` COURT OF KERALA ``` ``` REVIEW PETITIONERS/RESPONDENT NO.1: ``` - **`1 M/S. NATIONAL SPICES`** ``` GRACE PARK, KOORKENCHERY, THRISSUR-680 007. ``` ``` 2K.MAHENDRAKUMAR S/O. SUNDARADAS RATHAN DEY, VI/215/55, GRACE PARK, KOORKENCHERY, THRISSUR-680 007. ``` ``` BY ADVS. ``` ``` SRI.R.AZAD BABU SMT.H.ANJALIDEVI ``` ``` RESPONDENTS/APPLICANTS 1 TO3& RESPONDENTS 2 TO 10, 13 TO 23: ``` ``` 1SURESH S/O. KESAVAN, RESIDING AT KESAVA VILASOM, BUNGALOW, MANGAD, QUILON-4. ``` ``` 2SANJU YESODHARAN SANJITH Y. S/O. K.YESODHARAN, SHANMUGHA VILASOM HOUSE, MANGADCHERRY, KILIKKOLLOOR VILLAGE, QUILON DISTRICT. ``` ``` 3SUMITH SURESH S/O. K.SURESH, SHANMUGHA VILASOM HOUSE, MANGADCHERRY, KILIKKOLLOOR VILLAGE, QUILON DISTRICT. ``` ``` 4MS. SOUTH COAST SPICES EXPORTS P LTD. VI/215/9, GRACE PARK, KOORKENCHERY, THRISSUR-680 007. ``` ``` 5MS. K.J.PLANTATIONS KILIKKOLLOOR, QUILON-4. ``` - **`6 K.SOMASUNDARAM S/O. KESAVAN, MANAGING PARTNER OF K.J.PLANTATIONS,`** 16 R.P. No.273 of 2012 & Con. Cases ``` KILLIKKOLLOOR, QUILON-4, RESIDING AT KESAVA VILASOM, BUNGALOW, MANGAD, QUILON-4. ``` - **`7 DR. K.JAGADEESAN`** - **`S/O. KESAVAN, 927, POONAMALAI HIGH ROAD, MADRAS.`** - **`8 K.SANTHAKUMARI`** - **`D/O.KESAVAN, SHANMUGHA VILASOM HOUSE, MANGADCHERRY, KILLIKKOLLOOR VILLAGE, QUILON DISTRICT.`** - **`9 K.MOHANDAS S/O. KESAVAN, 927, POONAMALAI HIGH ROAD, MADRAS.`** - **`10 LATHA BHAGAVALDAS D/O. K.SOMASUNDARAM, KESAVA VILASOM BUNGALOW, MANGADCHERRY, KILIKKOLLOOR, QUILON DISTRICT.`** - **`11 K.S.VENUGOPAL S/O. K.SOMASUNDARAM, KESAVA VILASOM BUNGALOW, MANGADCHERRY, KILIKKOLLOOR, QUILON DISTRICT.`** - **`12 JUNIOR JAGADEESAN S/O. DR.K.JAGADEESAN, 927, POONAMALAI HIGH ROAD, MADRAS.`** - **`13 SWITWIN SURESH`** - **`S/O. K.SURESH, SHANMUGHA VILASOM HOUSE, MANGADCHERRY, KILIKKOLLOOR VILLAGE, QUILON DISTRICT.`** - **`14 M.S.M. HANEEFA DIED`** - **`15 MEERA SAHIB S/O. MOHAMMED KAMU, THUNDUVILAKATH, T.B.JUNCTION, NEYYATTINKARA.`** - **`16 BIYATHIKAMU D/O. PODIPILLAI, NAZAR MANZIL, AMARAVILA, CHENGAL VILLAGE, NEYYATTINKARA.`** - **`17 SHAJAHAN S/O. JAMALUDEEN, PULIMOOTTIL HOUSE, T.B.JUNCTION, NEYYATTINKARA.`** - **`18 P.E.FATHIMA D/O. MOHAMMED KANNU HAJIYAR, KALPADI HOUSE, THANGAPATTANAM, PAINKULAM VILLAGE, VILAVINKADA TALUK, KANYAKUMARI DISTRICT.`** - **`19 VIJAYAN NAIR S/O. SUKUMARAN NAIR, KRISHNA VILASOM, CHENGAL VILLAGE, NEYYATTINKARA.`** - **`20 LIYAKATH ALIKHAN S/O. MEHABOOB ALINKHAN, NOOR MAHAL, N.C.C. JUNCTION, CHETTIYILAKOM VILLAGE, TRIVANDRUM DISTRICT.`** 17 R.P. No.273 of 2012 & Con. Cases - **`21 RAHAMATH BEEVI D/O. EBRAHIM KAMMU, EARM HOUSE, PARASUVAIKAL, NEYYATTINKARA.`** - **`22 ASGAR S/O. MOHAMMED HANEEFA, RESIDING AT FARM HOUSE, PARASUVAIKAL, NEYYATTINKARA.`** - **`23 ANIL S/O. MOHAMMED HANEEFA, FARM HOUSE, PARASUVAIKAL, NEYYATTINKARA.`** ``` 24M.PRABHASANKAR ADVOCATE, PALAKKAD, RECEIVER IN OS 553 OF 1991 OF SUB COURT, PALAKKAD. ``` ## **`THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON`** ``` 20.05.2024, ALONG WITH RP.273/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 18 R.P. No.273 of 2012 & Con. Cases ## **JUDGMENT/ORDER** ## Anil K. Narendran, J. Since these appeals arise out of the judgment and decree of the Sub Court, Palakkad dated 27.05.1995 in O.S.No.553 of 1991 and the review petition arises out of the order dated 12.03.2023 in an interlocutory application filed in A.S.No.871 of 1996, all the matters are heard together and are being disposed of by this common judgment/order. 2. The appellant in A.S.No.871 of 1996 is the 4[th] defendant in O.S.No.553 of 1991 on the file of the Sub Court, Palakkad, which was one filed by respondents 1 to 14 herein, to set aside the sale deeds relating to the plaint schedule properties; or in the alternative, for a declaration that the sale deeds are invalid and for a direction to hand over possession of plaint schedule properties to the plaintiffs; or in the alternative for recovery of possession and for a direction to defendants 1 and 2 to account for the income received. That suit was tried along with O.S.No.62 of 1986 filed by the 1[st] defendant in that suit. By a common judgment dated 27.05.1995, the Sub Court dismissed O.S.No.68 of 1986 without costs and O.S.No.553 of 1991 was partly decreed and the receiver was directed to divide the plaint 19 R.P. No.273 of 2012 & Con. Cases schedule properties covered by Sale Deed Nos.2781 to 2788 of 1990 of the Sub Registrar Office, Parassala into 100 equal shares and deliver possession of 40 such shares to the plaintiffs in that suit and 60 such shares to defendants 4 to 13. Defendants 1 and 2 were directed to pay share of profits to the plaintiffs at the rate of 12% per annum on Rs.40 lakhs from the date of the suit till the date of decree and at the rate of 18% per annum from the date of decree till the date of delivery of 40 such shares. It was ordered that costs of the parties in O.S.No.553 of 1991 shall come out of the estate. Sale Deed Nos.2781 of 1990 to 2788 of 1990 of the Sub Registrar Office, Parassala, was superseded by the judgment and decree. 2. Feeling aggrieved by the judgment and decree dated 27.05.1995 in O.S.No.553 of 1991, the 4[th] defendant filed A.S. No.871 of 1996. The plaintiffs in that suit filed A.S.No.884 of 1996; defendants 5 to 13 filed A.S.No.912 of 1996. In A.S.No.871 1996 this Court ordered notice on 13.12.1996. In A.S.No.884 of 1996, notice was ordered on 12.12.1996 and in A.S.No.912 of 1996, notice was ordered on 20.12.1996. 3. By the order of this Court dated 12.03.2012 in I.A.No.707 of 2012 in A.S.No.871 of 1996, the Receiver appointed as per the order in I.A.No.4162 of 2010 in A.S.No.884 of 1996, 20 R.P. No.273 of 2012 & Con. Cases was permitted to take possession of the entire plaint schedule property in O.S.No.553 of 1991 on the file of the Sub Court, Palakkad and to administer the same and the Sub Court was directed to depute an Amin to deliver possession of the said property to the Receiver. Seeking review of the order dated 12.03.2012, the 4[th] defendant in O.S.No.553 of 1991 filed R.P. No.273 of 2012, who is the appellant in A.S.No.871 of 1996. In that review petition, this Court granted an interim order on 27.03.2012, whereby the Receiver was restrained from taking possession of the properties. The said interim order, which was extended from time to time, was extended until further orders on 09.01.2013. Seeking review of the aforesaid order dated 12.03.2012 in I.A.No.707 of 2012 in A.S.No.871 of 1996, defendants 1 and 2 in O.S.No.553 of 1991 filed R.P.No.283 of 2012. On 10.04.2012, when that review petition came up for admission, it was ordered to be listed along with R.P.No.273 of 2012. 4. On 01.04.2024, when these appeals and review petitions came for consideration, Registry was directed to issue notice to M/s.K.J. Plantations, the 1[st] plaintiff in O.S.No.553 of 1991 and the appellant in A.S.No.884 of 1996, which is the 1[st] defendant in A.S.No.871 of 1996 and 912 of 1996. Notice issued to M/s.K.J. Plantations, through special messenger deputed from 21 R.P. No.273 of 2012 & Con. Cases the District Court, Kollam, returned with a report wherein it is stated that the establishment has been closed for nearly 10 years. 5. Today, when these appeals and review petitions are taken up for consideration, the learned counsel for the appellant in A.S.No.871 of 1996, i.e., M/s. South Coast Spices Exports (P) Ltd., which is the 4[th] respondent in A.S.No.884 of 1996, 18[th] respondent in A.S.No.912 of 1996, the petitioner in R.P.No.273 of 2012 and the 4[th] respondent in R.P.No.283 of 2012 would point out the decision of a Division Bench of this Court in **Vasudeva** **Menon and others v. K.J. Plantation and others [2012 (3) KLT 730]** . Paragraphs 4, 5, 59 and 63 of that judgment read thus; “4. Counter affidavit filed on behalf of the appellants in E.A.33/2009 _inter alia_ reads as follows: There is no _prima facie_ claim for the claimants in the matter. They are strangers and there is no lessor lessee relationship between the claimants and the appellants. It seems that the claimant has raised her claim on the basis of fraudulent document and the judgment in 0.S.553/1991 to which the appellants and the original lessor were not made parties. 5. In the counter affidavit filed to E.A.41/2009 and E.A.38/2009 it is also _inter alia_ stated that there are four boundaries mentioned in E.A.38/2009 as one and the same property claimed in E.A.33/2009 and E.A.41/2009 and therefore essentially the claimants are claiming the same property in their claim petitions. There are other 22 R.P. No.273 of 2012 & Con. Cases contentions also which we need not refer to in the pleadings as the issues which are projected before us are dealt with us. 59. The upshot of the above discussion is that we are inclined to reverse the findings and the decision rendered by the court below. We hold that the respondents cannot claim as tenants by holding over. Nor can they claim any right as tenants at sufferance. The result is that while they may have possession, it is unaccompanied by any right as is held necessary by a Bench decision in _Ittiyachan v. Tomy_ (2001 (3) KLT 117). 63. We would think that having regard to the stand of the parties and the law applicable, the Appeals are to be disposed of as hereunder: The Appeals will stand allowed, the impugned order will stand set aside and the claim petitions filed by the contesting respondents will stand dismissed. In the circumstances of the case, the parties are directed to bear their respective costs. However, having regard to the facts and issues raised, we direct further that our Judgment will be kept in abeyance for a period of five weeks from today.” 6. A reading of the aforesaid decision by the Division Bench of this Court would show that the claim petition filed by M/s.South Coast Spices Exports (P) Ltd. in E.P.No.7 of 2008 in O.S.No.1 of 1964 on the file of the District Court, Palakkad was allowed by the Execution Court. The common order passed by the Execution Court in the said claim petition and connected matters 23 R.P. No.273 of 2012 & Con. Cases was under challenge before this Court in Ex.F.A.Nos.8, 12 and 13 of 2010. Those appeals were allowed by the aforesaid decision of the Division Bench whereby, the impugned order passed by the Execution Court was set aside and the claim petitions were dismissed. 7. In view of the findings of the Division Bench in **Vasudeva Menon [2012 (3) KLT 730]** , we find absolutely no reason to interfere with the findings in the impugned judgment and decree of the Sub Court, Palakkad in O.S.No.553 of 1991. In the result, A.S.Nos.871 of 1996, 884 of 1996 and 912 of 1996 fail and are accordingly dismissed. No order as to costs. Considering the fact that the operation of the order sought to be reviewed in R.P.Nos.273 of 2012 and 283 of 2012 is stayed by the order of this Court dated 27.03.2012 in R.P.No.273 of 2012, which was extended until further orders on 09.01.2023, the said review petitions are closed in view of the dismissal of A.S.No.871 of 1996. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **HARISANKAR V. MENON, JUDGE** Skk//22.05.2024