LAWS(KER)-2019-2-4

K.A.ABRAHAM Vs. ALEYAMMA CHERIAN

Decided On February 04, 2019
K.A.ABRAHAM Appellant
V/S
Aleyamma Cherian Respondents

JUDGEMENT

(1.) Two suits were pending between the parties, as O.S No.278 of 2002 and 280 of 2002 before the Munsiff's Court, Ranni. The suits were disposed of as per a common judgment dated 27.02.2015. Challenging the decree and judgment the respondents have filed appeals as A.S Nos.65 of 2015 and 66 of 2015 before the Additional District Court - III, Pathanamthitta. The said appeals are pending.

(2.) In the meanwhile alleging that a mistaken concession has been made by the counsel for the petitioner before the trial court, they filed review petitions, as I.A Nos.977 of 2015 and 963 of 2015 in O.S Nos.278 of 2002 and 280 of 2002 respectively. The said applications are pending.

(3.) The petitioner filed applications as I.A No.763 of 2018 in A.S No.66 of 2015 and I.A No.762 of 2018 in A.S No.65 of 2015 to return the records of the suit to the Munsiff Court, Ranni for disposal of the review petitions. As per the impugned orders the appellaten court dismissed the applications. The court observed that, if the petitioner is aggrieved by the alleged concession, she could prefer a cross objection in the appeal.