Mohanan vs V.V.Lilly

Type Court Judgment Court Kerala Decided Jan 31, 2025

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Citation: sooperkanoon.com/1277927
Court: Kerala High Court
Judge: Honourable Mr. Justice M.a.Abdul Hakhim
Decided On: Jan 31, 2025
Case Number: RSA/327/2020
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Mohanan

Respondent

V.V.Lilly

Excerpt

.....mohanan s/o.ittyathi, aged 51 years, kutta kara, puthencruz, vadavucode.p.o, puthencruz, ernakulam, pin-682310 by adv shiju varghese respondent/respondent/plaintiff: v.v.lilly w/o.mani, aged about 51 years, cheruvyppin house, kodumpur, thiruvaniyoor, kokappilly post, puthencruz, ernakulam, pin-682310 by adv sri.paul k.varghese this regular second appeal having come up for hearing on 08.01.2024, the court on the same day delivered the following:judgmentdated this the 8th day of january, 2024 this regular second appeal has been filed underorder xlii rule 1 read with section 100 of the code of civilprocedure challenging the decree and judgment in a.s. no.5 of 2017 dated 07.11.2018 on the files of the court of the subordinate judge, perumbavoor arose from the decree andjudgment in o.s. no.59 of 2015 dated 30.11.2016 on thefiles of the munsiff court, kolenchery.2. no representation for the appellant.3. the learned counsel for the respondent insisted for emergent hearing of this matter.4. since the learned counsel for the appellant is not intended to proceed with the matter, this regular second appeal stands dismissed for default.5. this appeal has been filed as an indigent person vide cmcp no.22/2020, allowed by this court. since, this appeal has been dismissed, the appellant is bound to pay court fee.6. therefore, registry is directed to forward a copyof this judgment and decree to the district collector concerned for realization of the court fee to be paid in this appeal from the appellant, in accordance with law. all interlocutory applications also stand dismissed and the interim stay, if any, in executing the decree shall stands vacated. sd/- a. badharudeen sk judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945 RSA NO. 327 OF 2020 AGAINST THE DECREE AND JUDGMENT DATED 07.11.2018 IN A.S.NO.5 OF 2017 ON THE FILES OF THE COURT OF THE SUBORDINATE JUDGE,
PERUMBAVOOR AROSE FROM THE DECREE AND JUDGMENT DATED 30.11.2016 IN O.S.NO.59/2015 ON THE FILES OF THE MUNSIFF COURT, KOLENCHERY APPELLANT/APPELLANT/DEFENDANT: MOHANAN S/O.ITTYATHI, AGED 51 YEARS, KUTTA KARA, PUTHENCRUZ, VADAVUCODE.P.O, PUTHENCRUZ, ERNAKULAM, PIN-682310 BY ADV SHIJU VARGHESE RESPONDENT/RESPONDENT/PLAINTIFF: V.V.LILLY W/O.MANI, AGED ABOUT 51 YEARS, CHERUVYPPIN HOUSE, KODUMPUR, THIRUVANIYOOR, KOKAPPILLY POST, PUTHENCRUZ, ERNAKULAM, PIN-682310 BY ADV SRI.PAUL K.VARGHESE THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON 08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 8th day of January, 2024 This regular second appeal has been filed under

order XLII Rule 1 read with Section 100 of the Code of Civil

Procedure challenging the decree and judgment in A.S. No.5 of 2017 dated 07.11.2018 on the files of the Court of the Subordinate Judge, Perumbavoor arose from the decree and

judgment in O.S. No.59 of 2015 dated 30.11.2016 on the

files of the Munsiff Court, Kolenchery.

2. No representation for the appellant.

3. The learned counsel for the respondent insisted for emergent hearing of this matter.

4. Since the learned counsel for the appellant is not intended to proceed with the matter, this regular second appeal stands dismissed for default.

5. This appeal has been filed as an indigent person vide CMCP No.22/2020, allowed by this Court. Since, this appeal has been dismissed, the appellant is bound to pay court fee.

6. Therefore, Registry is directed to forward a copy

of this judgment and decree to the District Collector concerned for realization of the court fee to be paid in this appeal from the appellant, in accordance with law. All interlocutory applications also stand dismissed and the interim stay, if any, in executing the decree shall stands vacated. Sd/- A. BADHARUDEEN SK JUDGE

Same Court & Year Kerala · 2025 Same Parties Mohanan vs V.V.Lilly Same Subject Education Same Judge Honourable Mr. Justice M.a.Abdul Hakhim