The court dismissed the regular first appeal as barred by limitation, having previously rejected a condonation of delay application, though ordered a refund of half court fee.
Dismissal of the appeal; refund of half court fee.
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 P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 26TH DAY OF OCTOBER 2017/4TH KARTHIKA, 1939
RFA.No. 902 of 2012 ()
AGAINST THE JUDGMENT AND DECREE IN OS 950/2008 of THE PRL.SUB COURT, THIRUVANANTHAPURAM DATED 31-03-2012
APPELLANT/10TH DEFENDANT:
S.A.NAZER
S/O.SAINALBDEEN, KIZHAKKEVILAKAM VEEDU, THEKKEVILA MURI, PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM.
BY ADVS.SRI.P.A.AHAMMED
SRI.M.SREEKUMAR
SRI.THOUFEEK AHAMED
RESPONDENT(S)/PLAINTIFF AND DEFENDANTS 1 TO 9 AND 11:
S/O.SOMASEKHARAN NAIR, CIVIL ENGINEER, CHERIYAKUNNATHU VEEDU, MLRA HOUSE NO.F-88, MOSQUE LANE, KESAVADASAPURAM, PATTOM PO, ULLOOR VILLAGE, THIRUVANANTHAPURAM REPRESENTED BY POWER OF ATTORNEY HOLDER, JAYACHANDRAN.K., S/O.KARUNAKARAN NAIR, NELLIKADU HOUSE, KOVALAM P.O., ALLEPPEY.688001.
D/O.KARTHUIYANI AMMA, SANKARAMANGALAM, MOSQUE LANE, KESAVADASAPURAM, PATTOM PO, THIRUVANANTHAPURAM-695004.
S/O.CHELLAPPAN, T.C.5/27, SARASWATHY VIHAR, NEDUMPRATHU MURI, AMBALAMUKKU, KUDAPPANAKKUNNU VILLAGE, THIRUVANANTHAPURAM-695043.
W/O.RAMADAS, PUTHIKOTTU VEEDU, PEDIKATTUMURI, NEERAZHI LANE, MEDICAL COLLEGE P.O., CHERUVAKKAL VILLAGE, THIRUVANANTHAPURAM695011.
D/O.KAMALAKSHY AMMA, T.C.6/3425, PUSHPAMANGALAM, VATTIYOORKAVU, NOW RESIDING AT KAKKANATTU LANE, KESAVADASAPURAM, PATTOM PO, THIRUVANANTHAPURAM 695004. (CORRECTED)
S/O.SOMASEKHARAN NAIR, HARIPRIYA, QUARTER LANE, GOURISAPATTOM P.O., THIRUVANANTHAPURAM-695004.
S/O.VELAYUDH PANICKER, T.C.30/351(1) NALUKETTIL VEEDU, ANAYARA, THIRUVANANTHAPURAM-695029.
S/O.SREEDHARAN, HARITHAMULLOOR, ANAYARA, THIRUVANANTHAPURAM-695029.
S/O.MATHEW JACOS, PADINJAREPUTHEN VEEDU, HOUSE NO.38, CHEMPAKASSERY NAGAR, VAYALARIKATHUMURI, KESAVADASAPURAM, PATTOM PO, THIRUVANANTHAPURAM 695004.
S/O.SANKARA PILLAI, SANKARAMANGALAM, PATTOM PO, THIRUVANANTHAPURAM.695004.
S/O.SOMASHEKARAN NAIR, HOUSE NO.F.92, SANKARAMANGALAM MOSQUE LANE, KESAVADASAPURAM, PATTOM PO, THIRUVANANTHAPURAM-695004.
*(NAME OF R5 CORRECTED AS “SARADAMMA” INSTEAD OF “SARASAMMA” AS PER ORDER IN IA 584/2017 DATED 26.10.2017)
R11 BY ADV. SRI.GOPAKUMAR R.THALIYAL R11 BY ADV. SRI.A.CHANDRA BABU R9 BY ADV. SRI.ALEX N.MATHEW (KOLLAM) R9 BY ADV. SRI.H.RAMANAN R9 BY ADV. SRI.JAMES JOSE
THIS REGULAR FIRST APPEAL HAVING COME UP FOR ORDERS ON 26-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.N. Ravindran & Devan Ramachandran, JJ.
- - - - - - - - - - - - - - - - - - - - - -- - -
R.F.A.No.902 of 2012
- - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 26th October, 2017
JUDGMENT
P.N.Ravindran, J.
We have by a separate order passed today, dismissed C.M.Appl. No.774 of 2012 to condone the delay of 115 days in filing this appeal. Consequently, this appeal is dismissed as barred by limitation. Needless to say, the appellants will be entitled to refund of half of the court fee paid on the memorandum of appeal (one half of one third), in the light of the decision of the Full Bench of this court in Sukumaran Nair v. Special Tahsildar (2009 (4) KLT 342 - FB).
(P.N. Ravindran, Judge)
(Devan Ramachandran, Judge)
kav/
Colour shows how this judgement treated each authority
Sukumaran Nair v. Special TahsildarExplained¶45
Sukumaran Nair v. Special Tahsildar (2009 (4) KLT 342 - FB)
S.A. Nazer
S.R. Sreekumaranan Nair and others
P.N. Ravindran
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.N. Ravindran and Devan Ramachandran
Parties & counsel
