GEORGE THARAKAN Vs. MATHEW

JUDGEMENT

(1.) Where a suit in which a counterclaim was made was disposed of and two appeals were filed from the decree and the two appeals after consolidation were disposed of by a single judgment, is a single second appeal challenging the decisions in both appeals maintainable ?

(2.) The appellant filed a suit for a perpetual injunction in respect of 3.83 Acres of land against the respondent. The respondent raised a counterclaim for a perpetual injunction against the appellant in respect of the very same property. Both of them claimed possession of the property. The trial court found that the appellant is in its possession, and accordingly, it decreed the suit and dismissed the respondent's counterclaim. This was challenged by the respondent in two appeals. Both appeals were disposed of by a common judgment. The decree of the trial court was reversed. Now the appellant has filed a single second appeal. Learned counsel for the respondent raised the question of its maintainability as a preliminary objection.

(3.) Heard the learned senior counsel Sri.T.Krishnan Unni appearing for the appellant and Sri.M.Narendra Kumar, the learned counsel appearing for the respondent.