State Of Kerala v. R. Jayadevan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 FAO.No. 307 of 2012 () ----------------------- AGAINST THE ORDER IN I.A.NO.3323/2006 & 3324/2006 IN OS 265/2000 of PRL.SUB COURT,THIRUVANANTHAPURAM DATED 12-04-2012 APPELLANTS/PETITIONERS/DEFENDANTS 1 AND 2:
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1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.
2. THE EXECUTIVE ENIGNEER ADDITIONAL IRRIGATION DIVISION, THRISSUR.
BY GOVERNMENT PLEADER SRI.K.K.SAIDALAVI RESPONDENT/COUNTER PETITIONER/PLAINTIFF:
---------------------------------------------------------------- R. JAYADEVAN CONTRACTOR, SANTHINIKETHAN, CHIRAKKAL.P.O KANNUR PIN 670011 BY ADV. SRI.AJITH KRISHNAN THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & K.P.JYOTHINDRANATH, JJ.
- - - - - - - - - - - - - - - - - - - - - F.A.O.No.307 OF 2012 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2015
JUDGMENT
Ramachandran Nair, J.
This appeal is from the order in I.A.No.3323/2006 in O.S.No265/2000 of the Principal Subordinate Court, Thiruvananthapuram. By the impugned order, an application to set aside the ex parte decree and to condone the delay in filing the said application have been dismissed by the court below. 2.
The learned counsel for the respondent submitted that the appeal ought to have been filed before the District Court, Thiruvananthapuram, since the valuation is only Rs.1,09,988/- 3.
We have gone through the copy of the decree, going by which O.S.No.265/2000 was filed on 14.6.2000. The Kerala Civil Courts (Amendmen)t Act, 1996 came into force as per Kerala Gazette Extra. No. 476, dated 27.3.1996. Going by the amendment to Section 13, instead of the words "twenty five thousand rupees", the words "two
FAO No.307 OF 2012 lakhs rupees" have been added.
4.
In that view of the matter, appeals upto the said valuation will have to be filed before the District Court itself. At this stage, the learned Government Pleader sought for an opportunity to refile the case before the District Court. We therefore direct the Registry to return the memorandum of appeal along with the documents and grant two months' time for the appellant to re-present it before the District Court, Thiruvananthapuram.
The appeal is accordingly disposed of.
T.R.RAMACHANDRAN NAIR, JUDGE K.P.JYOTHINDRANATH,JUDGE sv.