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2012 Supreme(Ker) 308

V.RAMKUMAR, K.HARILAL
Puthiyapura Sheik Koya Thangal – Appellant
Versus
P. P. Koyammakoya – Respondent


Advocates Appeared:
For the Petitioners:G. Sreekumar (Chelur), K. Ravi (Pariyarath), Mrs. T. Resmi Damodaran, Advocates.
For the Respondents:R1, M.C. Sen, Senior Advocate, S.V. Balakrishna Iyer, R5 to R16, P.B. Krishnan, M/S. Narayanikutty Chettoor, K.K. Mohamed Ravuf, M.P. Sreekrishnan, Joe Kalliath, Mrs. Shahna Karthikeyan, Advocates.

Judgment :

1. Who are the appellants?

The plaintiff (Puthiyapura Sheik Koya Thangal) in the suit O.S. No. 4 of 1989 on the file of the Subordinate Judges' Court, Lakshadweep at Kavaratti Island filed this intra-court appeal under Sec. 5 of the Kerala High Court Act, 1958. Pending this appeal, the said appellant/original plaintiff died on 27-1-2003. Thereupon Puthiyapura Syed Mohammed Jalaluddin Thangal filed I.A. No. 1750/2003 for substituting his name in the place of the original appellant and the same was allowed on 11-8-2005. Subsequently, one Kunhi Seethi Koya claiming himself to be the Karanavan of the second tavazhi of Puthiyapura tarwad filed I.A. No. 2922/03 to implead him as the second appellant. The said application was allowed on 24-01-2012 without prejudice to the contentions of the first respondent.

NATURE OF THE SUIT

one:-

2. The aforementioned suit instituted on 3-5-1989 was

(i) For a declaration that the plaintiff namely, Puthiyapura Sheik Koya Thangal has been, and is, the Muthawalli of the plaint schedule mosque known as Mohiyudheen Palli and its properties comprised in Sy. No. 117/11 of Androth Island, that the said mosque and its properties belong to the Puthiyap
































































































































































































































































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