The court dismissed a Regular Second Appeal against a lower decree. The judgment was barred by res judicata because a jointly tried suit had been finally decided in favor of the respondent without an appeal being preferred against that specific judgment.
No specific relief was granted other than the dismissal of the 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 B.KEMAL PASHA
TUESDAY, THE 24TH DAY OF JANUARY 2017/4TH MAGHA, 1938
RSA.No. 131 of 2014 (G)
AGAINST THE JUDGMENT AND DECREE DATED 17-12-2013 IN AS.19/2010 OF SUB COURT, CHERTHALA
AGAINST THE JUDGMENT AND DECREE DATED 31-07-2009 IN OS.361/2005 OF PRINCIPAL MUNSIFF'S COURT, CHERTHALA
APPELLANTS/APPELLANTS/DEFENDANTS 1 TO 3:
BY ADVS.SRI.V.P.MOHAMMED NIYAZ SRI.K.RONALD JOSE
RESPONDENT/RESPONDENT/PLAINTIFF:
VELAYUDHAN, AGED 84 YEARS, NEDUMCHIRAYIL HOUSE, CHARAMANGALAM MURI, THANNERMUKKOM SOUTH VILLAGE - 688 527
BY ADV. SRI.J.OM PRAKASH (CAVEATOR)
THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 24-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B. KEMAL PASHA, J.
R.S.A. No.131 of 2014
Dated this the 24th day of January, 2017
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
It has been reported that on the judgment and decree in the other suit, which was jointly tried along with the suit in question, no appeal has been preferred. The decision in that suit clearly operates as res judicata to the present matter. This Regular Second Appeal is, therefore, dismissed as barred by res judicata .
Sd/- (B.KEMAL PASHA, JUDGE)
aks/25/01
// True Copy //
PA to Judge
1 issue framed by the court
Whether the appeal is barred by res judicata in light of the decision in a jointly tried suit where no appeal was preferred.
VILASINI
SHEELA
SHEEJA
VELAYUDHAN
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
