Thankachan v. Jomon
Case brief
What is this about?
Hon'ble Supreme Court dismissed the regular second appeal as meritless and without admitting it, holding no substantial question of law arose. The court extended the time to vacate the property to 31.08.2024 pending an affidavit.
What did the court decide?
The appeals is dismissed without being admitted. Time to vacate the property is extended to 31.08.2024 subject to filing an affidavit undertaking to vacate within the stipulated period.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945
RSA NO. 121 OF 2024
AGAINST THE JUDGMENT AND DECREE DATED 31.01.2024 IN AS NO.44 OF 2022 OF SUB COURT/COMMERCIAL COURT, PALA
ARISING OUT OF THE JUDGMENT AND DECREE DATED IN OS NO.181 OF 2018
OF MUNSIFF COURT, PALA
APPELLANTS/APPELLANTS/DEFENDANTS:
1 THANKACHAN AGED 59 YEARS S/O. JOHN, KURIKKUNNEL HOUSE, VALAVOOR KARA, VALLICHIRA VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686574
2 BEENA THANKACHAN AGED 49 YEARS W/O. THANKACHAN, KURIKKUNNEL HOUSE, VALAVOOR KARA, VALLICHIRA VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN - 686574
Issues for consideration
2 issues framed by the court
Whether the facts and circumstances warrant admission of the regular second appeal under Section 100 of the CPC involving the ejectment of defendants based on a settlement deed.
Whether a substantial question of law is involved in the disposal of the second appeal as required under Order XLII Rule 2 of the Code of Civil Procedure.
Parties & counsel
- appellant
THANKACHAN AND ANR.
- respondent
JOMON
Coram
A. BADHARUDEEN
Case details
As recorded by the court registry
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