KUMARAN RAMA PANICKER Vs. VARIATHU OUSEPH

JUDGEMENT

(1.) THESE two Civil Misc. Appeals presented by the Plaintiff decree -holder are before a Full Bench on account of a reference made thereto by a Division Bench of which one of us was a member.

(2.) BOTH the appeals are directed against an order of remand made by the District Judge of Alleppey, I say 'an order of remand' with a purpose because, though two appeals Nos. 297 and 338 of 1124 on the file of the District Judge were heard by him, he wrote but one judgment reversing two separate orders in execution passed by the Munsiff and remanding both the matters for fresh disposal. The learned Judge passed the following order in A.S. 297 of 1124 on 22 -3 -1125;

(3.) THE facts may be briefly stated. The decree in execution of which these proceedings arise, was passed by the District Munsiff in O.S. 996 of 1101 on 19 -12 -1103. It was for redemption of a kanam. The kanam demise comprised three items of property, of which the first is a paramba and trees thereon, the second a chira and trees thereon and the third a house situate on the first item. The 3rd Defendant was awarded a certain amount by way of value of improvements and he was rendered liable for the dues claimed by the Plaintiff before suit as also thereafter until three years from date of the decree or delivery of properties whichever is earlier. There were cross, claims under the decree between the Plaintiff and Defendant 3 as regards costs. All the cross claims were ordered to be set off.