Single judge of the Kerala High Court allowed the petitioner's submission that only a first appeal was maintainable. The revision was dismissed as withdrawn, with liberty to file a first appeal.
Withdrawal of C.R.P. allowed with liberty to file a first appeal.
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 M.N.KRISHNAN
TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930
CRP.No. 265 of 2008() -------------------------------(ORDER DTD. 15/02/2008 IN I.A.5714/2007 IN O.S.NO.754/2007 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM)
PETITIONERS: PLAINTIFFS:
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1. SHREE VIDYADHIRAJA VIDYA SAMAJAM, EAST ALUMMOOD BUNGALOW,CHETTIKULANGARA, THIRUVANANTHAPURAM-1,REPRESENTED BY ITS SECRETARY DR.T.P.SANKARANKUTTY NAIR.
2. DR.T.P.SANAKARANKUTTY NAIR,S/O.DAMODARAN PILLAI,GANGA BHAVAN,T.C 26/1910,G.P.O LANE, THIRUVANANTHAPURAM-1.
BY ADV. SRI.P.SANTHALINGAM (SR.)
RESPONDENT:DEFENDANT:
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P.N.KRISHNA PILLAI,S/O.NARAYANA PILLAI, SOUPARNIKA,ALUMMOODU,NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.K.JAYAKUMAR
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.N. KRISHNAN, J.
= = = = = = = = = = = = = = C.R.P. NO. 265 OF 2008
= = = = = = = = = = = = = = = Dated this the 8th day of April, 2008.
It is submitted that only a first appeal is maintainable
and not a revision. Therefore the revision petitioner is permitted to withdraw the revision with liberty to file a first appeal and the C.R.P. is dismissed as withdrawn.
Sd/-
M.N. KRISHNAN, JUDGE.
ul/-
[True copy]
P.A. to Judge.
2 issues framed by the court
whether revision is maintainable when only a first appeal lies
plea against maintainability of civil revision petition in place of first appeal
1 provisions across 1 enactments
SHREE VIDYADHIRAJA VIDYA SAMAJAM AND ORS.
P.N.KRISHNA PILLAI
M.N. KRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
