MARY TEACHER Vs. VARGHESE

JUDGEMENT

(1.) Aggrieved by the judgment (order) dated 19.03.2002 in A.S. No.61 of 1997 of Sub Court, Muvattupuzha, permitting the plaintiffs to withdraw the suit in O.S. No.273 of 1994 of the Munsiff Court, Muvattupuzha, the defendants came up with this appeal. It is through an application in I.A. No.1376/2000, the plaintiffs sought permission to withdraw the original suit in O.S. No.273/1994 of Munsiff Court, Muvattupuzha in the first appellate stage. The first appellate court allowed the said application by its order dated 19.03.2002 and consequently appeal was disposed of allowing withdrawal of the suit by its order dated 19.03.2002.

(2.) An initial objection was raised by the learned counsel for the respondents regarding maintainability of appeal, as the order permitting withdrawal is neither a 'judgment' nor a 'decree' or an 'appealable order'. The position is well settled in Kumari Vs. Prabhakaran reported in 2012 KHC 2799, as such this appeal is not maintainable.

(3.) It prima facie appears from the impugned order that the lower court has committed very grave mistake in exercising its jurisdiction in its correct perspective and improperly applied it while rendering the impugned order and hence amenable for supervisory jurisdiction vested with this court, hence the appeal is treated as an application under Art. 227 of the Constitution of India.