IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 RSA NO. 496 OF 2022 AGAINST THE DECREE AND JUDGMENT DATED 21.08.2019 IN A.S.NO.69/2018 ON THE FILES OF THE COURT OF THE I ADDITIONAL DISTRICT JUDGE, KOZHIKODE AROSE FROM THE DECREE AND JUDGMENT DATED 09.01.2018 IN O.S.NO.166/2007 ON THE FILES OF THE COURT OF THE I ADDITIONAL SUBORDINATE JUDGE, KOZHIKODE APPELLANT/APPELLANT/DEFENDANT NO.2: HAMZAKOYA AGED 54, S/O.POKKAR, KALLIYIL HOUSE, NADUVATTOM AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT - 679 571. PARTY IN PERSON RESPONDENTS/RESPONDENTS/PLAINTIFF AND DEFENDANT NOS.3 TO 5: 1 KALLIYIL NABEESA AGED 64 YEARS, D/O.POKKER (DISPUTED), NADUVATTOM AMSOM DESOM, KOZHIKODE, RESIDING AT KOTTIYATTU PARAMBA, RAMAKRISHNA MISSION SCHOOL, PANNIYANKARA AMSOM DESOM, KOZHIKODE TALUK - 679 571. 2 MARIYAMBHI AGED 45 YEARS W/O.LATE IBRAHIM, KALLIYIL HOUSE, POOLIYITHAZHAM, VELLAYIKKODE AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT NOW RESIDING AT KALLIYIL HOUSE, CHAKKORIKADU PARAMBA, ARAKINAR POST, NADUVATTOM AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT - 673 028. 3 RIYAZ AGED 32 YEARS S/O.LATE IBRAHIM, KALLIYIL HOUSE, POOLIYILTHAZHAM, VELLAYIKKODE AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT NOW RESIDING AT KALLIYIL HOUSE, CHAKKORIKADU PARAMBA, ARAKINAR POST, NADUVATTOM AMSOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT - 673 028. R.S.A. Nos. 496 & 538 of 2022 2 4 RISWANA AGED 30 YEARS D/O.LATE IBRAHIM, KALLIYIL HOUSE, POOLIYILTHAZHAM, VELLAYIKKODE AMSOM DESOM, KOZHIKODE TALUK KOZHIKODE DISTRICT, NOW RESIDING AT KALLIYIL HOUSE, CHAKKORIKADU PARAMBA, ARAKINAR POST, NADUVATTOM AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT - 673 028. BY ADVS. V.V.SURENDRAN - R1 P.A.HARISH - R1 THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON 18.12.2023 ALONG WITH R.S.A.NO.538/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.S.A. Nos. 496 & 538 of 2022 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 18TH DAY OF DECEMBER 2023 / 27TH AGRAHAYANA, 1945 RSA NO. 538 OF 2022 AGAINST THE DECREE AND JUDGMENT DATED 21.08.2019 IN A.S.NO.71/2018 ON THE FILES OF THE COURT OF THE I ADDITIONAL DISTRICT JUDGE, KOZHIKODE AROSE FROM THE DECREE AND JUDGMENT DATED 09.01.2018 IN O.S.NO.251/2012 ON THE FILES OF THE COURT OF THE I ADDITIONAL SUBORDINATE JUDGE, KOZHIKODE APPELLANT/APPELLANT/PLAINTIFF: KALLIYIL HAMZAKOYA AGED 54 YEARS S/O.KALLIYIL POKKAR, KALLIYIL HOUSE, ARAKKINAR P.O., CHAKORIKADU PARAMB, NADUVATTOM AMSOM DESOM, KOZHIKODE. PARTY IN PERSON RESPONDENTS/RESPONDENTS/DEFENDANTS: 1 KALLIYIL NABEESA AGED 65 YEARS D/O.KALLIYIL POCKER (DISPUTED) NADUVATTOM AMSOM DESOM, KOZHIKODE, NOW RESIDING AT KOTTIYATTU PARAMBA, NEAR RAMAKRISHNA MISSION SCHOOL, PANNIYANKARA AMSOM DESOM, KOZHKODE - 679 571. 2 MARIYAKUTTY AGED 47 YEARS W/O.LATE IBRAHIM, KALLIYIL HOUSE, CHAKORIKADU PARAMBU, ARAKINAR P.O., NADUVATTOM AMSOM DESOM, KOZHIKODE - 673 028. 3 RIYAZ AGED 32 YEARS S/O.LATE IBRAHIM, KALLIYIL HOUSE, CHAKORIKADU PARAMB, ARAKINAR P.O., NADUVATTOM AMSOM DESOM, KOZHIKODE - 673 028. R.S.A. Nos. 496 & 538 of 2022 4 4 SEENA AGED 30 YEARS D/O.LATE IBRAHIM, KALLIYIL HOUSE, CHAKORIKADU PARAMB, ARAKINAR P.O., NADUVATTOM AMSOM DESOM, KOZHIKODE - 673 028. BY ADVS. V.V.SURENDRAN - R1 P.A.HARISH - R1 ASWATHI C. - R1 THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON 18.12.2023 ALONG WITH R.S.A.NO.496/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.S.A. Nos. 496 & 538 of 2022 5 JUDGMENT Dated this the 18th day of December, 2023 These regular second appeals have been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure challenging the decrees and common judgment in A.S. Nos.69 and 71 of 2018 dated 21.08.2019 on the files of the Court of the District Judge, Kozhikode arose from the decrees and common judgment in O.S. No.166 of 2007 and O.S. No.251 of 2012 dated 09.01.2018 on the files of the Court of the Subordinate Judge, Kozhikode. 2. The appellant and the counsel called absent. 3. Though these appeals have been posted today for hearing finally as requested by the learned counsel for the respondents, the appellant did not turn up. 4. Since the learned counsel for the appellant is not intended to proceed with these matters, these regular second appeals stand dismissed for non prosecution. R.S.A. Nos. 496 & 538 of 2022 6 All interlocutory application also stand dismissed and the interim stay in executing the decree shall stand vacated. Sd/- A. BADHARUDEEN SK JUDGE