IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM FRIDAY, THE 14^TH DAY OF FEBRUARY 2025 / 25TH MAGHA, 1946 RSA NO. 628 OF 2016 AGAINST THE JUDGMENT AND DECREE DATED 15.03.2016 IN AS NO.21 OF 2014 OF ADDITIONAL DISTRICT COURT – II, KASARAGOD, ARISING OUT OF THE JUDGMENT DATED 28.02.2014 IN OS NO. 175/2011 OF TEH PRINCIPAL MUNSIFF COURT, KASARGOD.

APPELLANT IN R.S.A-APPELLANT IN A.S. - DEFENDANT NO. 1 IN O. S A.B.IBRAHIM AGED 56 YEARS, S/O.BEERA MOIDEEN, RESIDING AT PALLATHDKA, AJJAVAR VILLAGE, SULLIA TALUK, DAKSHINA KANNADA DISTRICT, KARNATAKA STATE, 574239 BY ADVS.

SRI.P.B.KRISHNAN -(SR)

SRI.P.M.NEELAKANDAN SRI.S.NITHIN ANCHAL SRI.SABU GEORGE SRI.P.B.SUBRAMANYAN RESPONDENTS/RESPONDENTS IN A.S.-PALINTIFF & DEFENDANT NO. 2:

1 SAFIYA AGED 48 YEARS, D/O.AHAMMEDKUNHI, AND WIFE OF MANSOOR, RESIDING AT EROONJI HOUSE, ADUR VILLAGE, KASARAGOD TALUK AND DISTRICT, 671543

2 MOHAMMEDKUNHI AGED 54 YEARS AGED 54 YEARS, S/O.ABDUL KHADER, RESIDING AT ADDAMALE, URDOOR PO, ADUR VILLAGE, KASARAGOD TALUK AND DISTRICT 671543 BY ADVS.

SRI.K.I.MAYANKUTTY MATHER SMT.SWATHI H.PRASAD THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON

14.02.2025, ALONG WITH RSA.645/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM FRIDAY, THE 14^TH DAY OF FEBRUARY 2025 / 25TH MAGHA, 1946 RSA NO. 645 OF 2016 AGAINST THE JUDGMENT DATED 15.03.2016 IN AS NO.22 OF

2014 OF ADDITIONAL DISTRICT JUDGE-II, KASARAGOD ARISING OUT OF THE JUDGMENT DATED 28.02.2014 IN OS NO.179 OF 2009 OF PRINCIPAL MUNSIFF’S COURT, KASARAGODE APPELLANT IN RSA – APPELLANT IN A.S.- PLAINTIFF IN O.S:

A.B.IBRAHIM AGED 56 YEARS, S/O.BEERA MOIDEEN, RESIDING ATPALLATHDKA, AJJAVAR VILLAGE, SULLIA TALUK,DAKSHINA KANNADA DISTRICT, KARNATAKA STATE, 574 239.

BY ADVS.

SRI.P.B.KRISHNAN - (SR)

SRI.P.M.NEELAKANDAN SRI.S.NITHIN ANCHAL SRI.SABU GEORGE SRI.P.B.SUBRAMANYAN RESPONDENTS IN R.S.A,- RESPONDENTS IN A.S. - DEFENDANTS IN O.S.

1 SHAMIM AHAMMED AGED 45 YEARS, S/O.AHAMMEDKUNHI, RESIDING AT EROONJI HOUSE, ADOOR VILLAGE, KASARAGOD TALUK AND DISTRICT, 671 543.

2 SAFIYA AGED 48 YEARS, D/O.AHAMMED KUNHI AND WIFE OF MANSOOR, RESIDING AT EROONJI HOUSE, ADOOR VILLAGE, KASARAGOD TALUK AND DISTRICT, 671 543.

3 NABEESA AGED 68 YEARS, W/O.AHAMMEDKUNHI, RESIDING AT EROONJI HOUSE, ADOOR VILLAGE, KASARAGOD TALUKAND DISTRICT, 671 543.

4 ZAHEER AGED 40 YEARS, S/O.AHAMMEDKUNHI, RESIDING AT EROONJI HOUSE, ADOOR VILLAGE, KASARAGOD TALUK AND DISTRICT, 671 543.

5 RAZIA AGED 33 YEARS, D/O.AHAMMEDKUNHI, &

W/O.MUSTHAFA,RESIDING AT MARIKE HOUSE, PAIVALIKE VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT, 671

543.

THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON

14.02.2025, ALONG WITH RSA.628/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Both parties submitted that the matter is settled out of Court. In view of the said fact, the appeal is dismissed as settled out of Court.

Sd/-

M.A.ABDUL HAKHIM JUDGE mus