The High Court held that since the amount in question exceeded Rs.50,000/-, the order was appealable. Consequently, the proper remedy was not a revision. The revision petition was dismissed with liberty to file a second appeal.
Revision dismissed with liberty to file a second appeal.
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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. 344 of 2008()
------------------------------AS.41/2002 of III ADDL. DISTRICT COURT, TRIVANDRUM OS.809/1998 of II ADDL.MUNSIFF COURT,TRIVANDRUM
REVN. PETITIONER: RESPONDENT/PLAINTIFF
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B.SAROJINI AMMA, AGED 57, JYOTHY BHAVAN, CHEMPAZHANTHY P.O., ULIYAZHATHURA VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH
RESPONDENTS: APPELLANT & RESPONDENTS 2 TO 5/DEFENDANTS
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1. MRS.AMMINI THOMAS, W/O.KOSHY ZACHARIA, AGED 55, HEADMISTRESS, M.H.S.FOR GIRLS, KANIYAPURAM, RES.AT TC 2/3778, VIVEKANANDA NAGAR, H.NO.34, KESAVADASAPURAM, PATTOM VILLAGE, THIRUVANANTHAPURAM.
2. STATE OF KERALA, REP. BY CHIEF SECRETARY STATE SECRETARIAT, THIRUVANANTHAPURAM.
3. THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM.
4. THE DEPUTY DIRECTOR OF EDUCATION, KILLIPALAM, THIRUVANANTHAPURAM.
5. THE DISTRICT EDUCATION OFFICER, KILLIPALAM, THIRUVANANTHAPURAM.
BY
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 344 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of April, 2008.
This revision petition is preferred against the judgment of the Addl. District Judge, Thiruvananthapuram in A.S.41/02 which arose against the judgment and decree in O.S.809/98 whereby the learned Munsiff decreed the suit entitling the plaintiff to recover 18% interest of Rs.2 lakhs from 1.8.96 till 16.6.98 and the liability was fixed on defendants 1 to 5. The plaintiff was also allowed to recover an amount of Rs.10,000/- from the first defendant and her assets as compensation for mental torture. It is this figure which the present revision petitioner wants to get restored. Therefore the proper remedy will not be a revision as the amount exceeds more than Rs.50,000/-. So with liberty to the revision petitioner to file appropriate second appeal this revision is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-
1 issue framed by the court
Whether the Proper Court is the District Judge to entertain a revision against an appealable order of the Addl. District Judge.
B.SAROJINI AMMA
MRS.AMMINI THOMAS
STATE OF KERALA
THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION
THE DEPUTY DIRECTOR OF EDUCATION, KILLIPALAM
THE DISTRICT EDUCATION OFFICER, KILLIPALAM
M.N.KRISHNAN
As recorded by the court registry
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