IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 24^TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945 RSA NO. 469 OF 2009 AGAINST THE ORDER/JUDGMENT OS 805/1998 OF PRINCIPAL MUNSIFF COURT, KANNUR AS 173/2003 OF ADDITIONAL DISTRICT COURT (ADHOC 1), THALASSERY APPELLANTS/RESPONDENT NO.1,R2,R5,R6,R7,R8 & R9 IN A.S./PLAINTIFF NOS.1,2,5,6,7,8 & 9 IN OS:

1 JAMEELA D/O.LATE KAREEM, NAYAKKAN PALLIKKAVIL HOUSE, KUNNUMKAI, PO CHIRAKKAL, KANNUR TALUK.

2 NASIMUDDIN, S/O.LATE KAREEM RESIDING AT DO..DO...

3 SUBAIDA, D/O.HAMSA RESIDING AT DO..DO....

4 SAINABA, D/O.HAMSA RESIDING AT DO..DO..

5 MOIDEENKUNHI, S/O.HAMZA DO..DO...

6 JABBAR, S/O.HAMSA RESIDING AT DO..DO..

7 MARIYAM, W/O. SATHAR NAYAKKAN PALLIKKAVALAPPIL HOUSE, KUNNUMKAI, PO CHIRAKKAL, KANNUR TALUK.

BY ADVS.

SRI.K.R.AVINASH SRI.ABDUL RAOOF SRI.T.PRAVEEN RESPONDENTS/APPELLANTS 1 & 2 & RESPONDENTS 3,4 & 10 TO 32 IN AS/PLAINTIFFS 3, 4 & 10 TO 17 & DEFENDANTS/RESPONDENTS 1 TO 17 IN OS:

1 KADAVATH VALAPPIL PATNOONHI D/O.LATE SAINABA KADAVATH VALAPPIL HOUSE, NEAR KUNNAMAKAI JUMA MASJID, AKOTH,, POST CHIRAKKAL, KANNUR TALUK, KANNUR DT.

2 KADAVATH VALAPPIL AYISHA LATE SAINABA KADAVATH VALAPPIL HOUSE NEAR KUNNMAKAI JUMA MASJID, AKOTH, POST CHIRAKKAL, KANNUR TALUK, KANNUR DT.

3 ASEEMA W/O.LATE HAMZA RESIDING AT NAYAKKAN PALLIKAVIL HOUSE, KUNNUMAKAI CHIRAKKAL, KANNUR TALUK, KANNUR DT.

4 SATHAR (DIED), S/O.HAMZA DO..DO..

5 RUKSANA D/O. SATHAR, RESIDING AT DO..DO

6 RIYAS S/O. SATHARR, RESIDING AT DO..DO..

7 RAYEES (MINOR)

S/O.SATHAR, RESIDING AT DO..DO..

8 UNAIS (MINOR)

S/O.SATHAR DO...DO...

9 RUSHNA (MINOR)

D/O. SATHAR, RESIDING AT DO..DO..

10 NAJEELA (MINOR)

D/O.SATHAR , RESIDING AT DO..DO.

R7 TO R10 REPRESENTED BY GUARDIAN AND MOTHER MARIYAM – 7TH APPELLANT

11 SAKARIA S/O. ASSIYA, MK HOUSE KATTAMPALLI, KANNUR TALUK, KANNUR DT.

12 SUBAIDA D/O. ASSIYA DO..DO...

13 KADAVATH VALAPPIL RAHMATH D/O.PATHNOOI, RESIDING AT DO....DO..

14 KADAVATH VALAPPIL SULEKHA, (DIED) (LR RECORDED)

D/O.PATHNOONHI, RESIDING AT DO....DO..

IT IS RECORDED THAT “R14 AND R25 DIED AND LRS OF R14 ARE ALREADY IN THE PARTY ARRAY AS R24 AND R25. R25 ALSO DIED AND SHE IS SURVIVED BY HER FATHER ABOOBACKER” AS PER ORDER DATED 14.11.2022 IN MEMO DATED 31.10.2022 IN RSA 469/2009

15 MUNEER S/O.PATNOONHI, DO...DO...

16 KHADEEJA D/O.MUNEER DO...DO...

17 KADAVATH VALAPPIL SUMMAYA DO..DO..

18 KADAVATH VALAPPIL MARIYUMMA D/O.SUMAYYA, RESIDING AT DO..DO..

19 KADAVATH VALAPPIL HAJIRA (MINOR)

DO..DO..

20 KADAVATH VALAPPIL THAHIRA (MINOR)

DO..DO...

(RESPONDENTS NOS 19 & 20 REPRESENTED BY GUARDIAN AND MOTHER PATHOOHI - IST RESPONDENT)

21 KADAVATH VALAPPIL ASHRAF (MINOR)

S/O.RAHMATH, MK HOUSE, KATTAMPALLI, KANNUR DT.

22 KADAVATH VALAPPIL SAFEENA (MINOR)

D/O.RAHMATH, DO..DO..

23 KADAVATH VALAPPIL NASEEMA (MINOR)

D/O.RAHMATH, DO..DO.

(RESPONDENTS NOS 21 TO 23, REPRESENTED BY GUARDIAN AND MOTHER RAHMATH, 13TH RESPONDENT)

24 KADAVATH VALAPPIL ANEESA (MINOR) D/O.SULAIKHA, KADAVATH VALAPPIL HOUSE, NEAR KUNNAMAKAI JUMA MASJID, AKOTH, POST CHIRAKKAL, KANNUR TALUK, KANNUR DT.

25 KADAVATH VALAPPIL ANSEELA (MINOR),(DIED) LR RECORDED D/O.SULEKHA, DO..DO.., RESPONDENT NOS 14 & 25 REPRESENTED BY GUARDIAN AND MOTHER 14TH RESPONDENT)

(IT IS RECORDED THAT R24 AND R25 DIED AND LRS OF R14 ARE ALREADY IN THE PARTY ARRAY AS R24 AND R25. R25 ALSO DIED AND SHE IS SURVIVED BY HER FATHER ABOOBACKER AS PER ORDER DATED 14.11.2022 IN MEMO DATED 31.10.2022 IN RSA.469/2009.)

26 KADAVATH VALAPPIL MUHAMMED (MINOR)

S/O.KHADEEJA, MK HOUSE, KATTAMPALLI, KANNUR TALUK, KANNUR DT RESPONDENT NO.26 REPRESENTED BY GUARDIAN AND MOTHER KHADEEJA - 16TH RESPONDENT

27 KADAVATH VALAPPIL BASHEER MOULAVI S/O.AYISSA, KUNNUMKAI, PO CHIRAKKAL, KANNUR TALUK, KANNUR DT.

ADDL.R28 ADDL.R28 IMPLEADED ABOOBACKER K.K., S/O.ABDUL RAHIMAN, AGED 72 YEARS, KK HOUSE, KANJIRATHARA,P.O.

CHIRAKKAL, KANNUR-670 011.

(LEGAL HEIR OF THE DECEASED RESPONDENT NO.25 IS IMPLEADED AS ADDL.R28 AS PER THE ORDER DATED

31.01.2023 IN IA.1/2022.)

BY ADV.

SRI.R.SURENDRAN, R1, R2, R13, R14, R17 TO R27 THIS REGULAR SECOND APPEAL HAVING COME UP F