On the insufficiency of the recall appeal, the court disposed of the writ petition without prejudice to the petitioners' right to appeal against the impugned order.
The writ petition was disposed of, with the court making it clear that the petitioners can pursue remedies by way of appeal against the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
MONDAY, THE 18TH JUNE 2007 / 28TH JYAISHTA 1929
WP(C).No. 4094 of 2004(K)
------------------------AGAINST THE ORDER DATED 27/07/02 IN IA 1750/01 & 1752/01 IN OS.179/1991 of SUB COURT, MANJERI
PETITIONER:
BY ADV. SRI.G.HARIHARAN
RESPONDENTS:
WPC.4094/04
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS C. KURIAKOSE, J.
W.P.(C)No.4094 OF 2004
........................................................... DATED THIS THE 18TH JUNE, 2007
J U D G M E N T
Concededly, the order impugned in this Writ Petition is an appealable order in terms of Order XLIII Rule 1 C.P.C. The petitioners did file a C.M.Appeal which was returned, noting certain defects. Instead of curing the defects and resubmitting the appeal memorandum before the appellate court, the petitioners approached this Court under Article 227 of the Constitution.
(PIUS C.KURIAKOSE, JUDGE)
tgl
WP(C)N0.
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WP(C)N0.
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1 issue framed by the court
Whether the writ petition should be disposed of in view of the petitioners' failure to cure defects in the returned C.M. Appeal.
M/S.MOTOR & GENERAL FINANCE LTD.
MUJEEB RAHMAN
PIUS C. KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
