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High Court of KeralaOP(C)/1787/2015disposed of

Athira v. Adhinadhan

2015-09-25Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 OP(C).No. 1787 of 2015 (O) -------------------------------------- AS 24/2015 OF SUB COURT, CHAVAKKAD --------------------- PETITIONER(S):

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1. ATHIRA, D/O.VALATH ADHINATHAN & W/O.TOMY ARAKKAL NELLISSERY HOUSE, VALAPAD, CHAVAKKAD, THRISSUR.

2. ARSHA, D/O.VALATH ADHIADHAN, C/O.SUSHITHA, W/O.UDHAYAKUMAR, KAKKANATT HOUSE, ENGADIYUR, CHAVAKKAD, THRISSUR.

BY ADV. SRI.K.A.SREEJITH RESPONDENT(S):

------------------------- ADHINADHAN, S/O.KRISHNAN, VALATH HOUSE, CHANGALAYI DESAM, MULLASSERY, CHAVAKKAD, THRISSUR 680 567.

BY ADVS. SRI.K.S.BHARATHAN SMT.S.ANJUSHA THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

OP(C).No. 1787 of 2015 (O) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. COPY OF THE AWARD NO.1/2011 IN P.L.P NO.7/2011. EXHIBIT P2. COPY OF THE DOCUMENT NO.1526/2014 OF MULLASSERY SUB REGISTRAR OFFICE DATED 11.4.14.

EXHIBIT P3. COPY OF THE DELIVERY RECEIPT IN EP 64/13 IN AWARD NO.1/2011 EXHIBIT P4. COPY OF THE DELIVERY REPORT IN EP 64/13 IN AWARD NO.1/2011. EXHIBIT P5. COPY OF THE APPEAL MEMORANDUM OF AS 24/15. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C)No.1787 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September, 2015

J U D G M E N T

There was a pre-litigation petition, PLP No.7 of 2011, which was considered by the Taluk Legal Services Committee, Chavakkad. The parties came to a settlement as seen from Ext.P1 and on the basis of the settlement an award also was passed. It is submitted that the respondent in this O.P, who was the petitioner in the pre-litigation petition, has filed an appeal before the Sub Court, Chavakkad and the learned Sub Judge has entertained it and numbered it as AS.24 of 2015. The only prayer in this O.P is to direct the learned Sub Judge to hear on the question of maintainability of the appeal.

2.

Heard.

3.

It is not proper for me to express any opinion about the maintainability of the appeal but I would like to make it clear that an appeal is maintainable only against a decree in the suit unless a statute provides to the contrary. The learned Sub Judge should also bear in mind

O.P.(C)No.1787 of 2015 that an appeal is not maintainable even against a compromise decree.

In the result, this O.P is allowed. The learned Sub Judge, Chavakkad is directed to hear the maintainability of the appeal as a preliminary question within one month from the date of receipt or production of a copy of this judgment. sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge