The High Court rejected the appeal filed by the 12th defendant for not being in conformity with the regulations for filing appeals, as it lacked the certified copy of the decree/judgment obtained by the appellant himself.
Appeal rejected for not being in conformity with the provisions regulating the institution of appeals.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN
MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933
RFA.No. 311 of 2011() (O.S.91/2008 OF SUB COURT, THALASSERY)
APPELLANT/DEFANDANT NO.12
ASHITH B.KUMAR,
S/O.PANANGAVIL BALAKRISHNAN @ P.BALAN,
RESIDING AT "BAI MAHAL", TARDEV, MUMBAI.
BY ADV. SRI.N.SHANOJ
RESPONDENT(S): PLAINTIFF/DEFENDANTS 2 TO 11
RFA.311/11
2
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOTTATHIL B.RADHAKRISHNAN &
S.S.SATHEESACHANDRAN, JJ.
R.F.A.No.311 OF 2011
Dated this the 13th day of June, 2011
JUDGMENT
Thottathil B.Radhakrishnan,J.
This appeal by the 12th defendant is not supported by certified copy of the decree/judgment as obtained on his behalf. What is produced is the certified copy of the judgment obtained by the counsel who was appearing for the plaintiff before the court below. On this short ground, we are of the view that the appeal as presented, is only to be rejected for not being in conformity with the provisions regulating the institution of appeals. We, therefore, reject this appeal without prejudice to the appellant's right, if any, to file proper appeal in accordance with law.
Sd/THOTTATHIL B.RADHAKRISHNAN, Judge.
Sd/-
S.S.SATHEESACHANDRAN,
Judge. kkb.14/6.
1 issue framed by the court
Whether an appeal lacking the certified copy of the decree/judgment obtained by the appellant should be rejected.
ASHITH B.KUMAR
PANGAVIL RAVINDRAN
P.JAYARAJAN
P.JAYASREE
P.SHYAM
P.HANSRAJ
THOTTATHIL B.RADHAKRISHNAN
S.S.SATHEESACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
