LAWS(KER)-2024-6-132

SOMARAJAN Vs. GOPALAKRISHNAN

Decided On June 04, 2024
SOMARAJAN Appellant
V/S
GOPALAKRISHNAN Respondents

JUDGEMENT

(1.) R.S.A. No.100 of 2017 has been filed under order XLII Rule 1 read with Sec. 100 of the Code of Civil Procedure ("CPC' hereinafter) challenging the decree and judgment in A.S. No.11 of 2011 dtd. 15/12/2016 on the files of the Court of the Additional District Judge-I, Mavelikkara arose from the decree and judgment in O.S. No.313 of 2006 dtd. 15/11/2010 on the files of the Munsiff Court, Kayamkulam. The appellants herein are the defendants and respondents are the plaintiffs in the above suit.

(2.) R.S.A. No.104 of 2017 has been filed under order XLII Rule 1 read with Sec. 100 of CPC, challenging the decree and judgment in A.S. No.14 of 2011 dtd. 15/12/2016 on the files of the Court of the Additional District Judge-I, Mavelikkara arose from the decree and judgment in O.S. No.244 of 2006 dtd. 15/11/2010 on the files of the Munsiff Court, Kayamkulam. The appellants herein are the plaintiffs and respondents are the defendants in O.S. No.244 of 2006.

(3.) In these matters, as per the order passed by my learned predecessor dtd. 7/2/2017, it was ordered as 'Admit'. But, it appears that no substantial question of law formulated for admitting these second appeals. Therefore, the said order stands reviewed and set aside being illegal, as against the mandate of Sec. 100 read with order XLII of CPC. Accordingly, these appeals are reverted back to the admission stage.