SABU ERANACKAL Vs. NIGGY SABU

JUDGEMENT

(1.) THE appellant has preferred an appeal against a common order dated 31. 12. 2007. The application under the Guardians and Wards Act numbered as O. P. (Gandw.) No. 54/06 has been dismissed vide the said common order. The appellant has filed this appeal as a Miscellaneous First Appeal, i. e. , M. F. A. (Gandw. ). The Registry raised an objection that the appeal being an appeal from an order of the Family Court deserves to be numbered as a Matrimonial Appeal and not as an M. F. A. (Gandw. ). The appellant promptly stated that at least in two matters (M. F. A. (Gandw.) Nos. 8/08 and 150/06), appeals against orders passed by the Family Court in applications under the Guardians and Wards Act have been numbered as M. F. A. (Gandw. ). The learned counsel for the appellant submits that the appellant has no objection in preferring this appeal as a Mat. Appeal or as an m. F. A. (Gandw. ). But, there must be some certainty and consistency in the proceedings and the intending appellants may not be driven from pillar to post not knowing the manner in which the appeal has to be preferred.

(2.) ACCORDING to the learned counsel for the appellant, the short controversy is as to whether the appeal is to be numbered as stipulated under Cl. 18 of the Notification dated 11. 4. 2003 (No. D1 (A) 2010/98) issued by the Registrar or as a Matrimonial Appeal under cl. 6 (c) of the said notification. We extract the relevant entries in Cls. 6 and 18 below: <FRM>JUDGEMENT_704_KERLT4_2009Html1.htm</FRM>

(3.) THE remarks of the Registry were called for and the Registry now in the notes submitted by the Registrar, seeks the following directions.