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CHANDRIKA,D/O.JANAKI versus REMA,D/O.JANAKI,KATTUMUDUMBIL VEEDU

High Court of Kerala

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CHANDRIKA,D/O.JANAKI v. REMA,D/O.JANAKI,KATTUMUDUMBIL VEEDU - WP(C) No. 32356 of 2005(B) [2007] RD-KL 15986 (18 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32356 of 2005(B)

1. CHANDRIKA,D/O.JANAKI,
... Petitioner

2. KALAMONY,D/O.JANAKI,

Vs

1. REMA,D/O.JANAKI,KATTUMUDUMBIL VEEDU,
... Respondent

2. SIVADASAN,S/O.JANARDHANAN,

For Petitioner :SRI.P.SANJAY

For Respondent : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :18/08/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) NO.32356 of 2005

Dated this the 18th day of August , 2007



JUDGMENT

Ext.P5 order by which the learned District Judge, Trivandrum dismissed an application submitted by the appellants for leave to prefer an appeal against the judgment and decree passed by the learned Munsiff, Attingal before the Thiruvananthapuram District Court and not before the Attingal Sub Court where the appeal is ordinarily to be instituted in terms of Section 13 of the Civil Courts Act is under challenge. The learned District Judge under the impugned order has found that the reasons stated in the affidavit in support of the application are not good enough for waiving the first proviso to Section 13 (1) of Civil Courts Act which makes out obligatory that the appeal in the present case should be filed before the Attingal Sub Court itself.

2. Having gone through the materials available on record and having heard the submissions of Smt.Parvathy Menon, the learned counsel for the petitioner, I do not think that the learned District Judge;s view is erroneous. Challenge against Ext.P5 fails. The writ petition will stand dismissed. However, it is made clear that in the WPC No.32356/2005 2 event of any application for transfer of the appeal being filed invoking the powers under Section 24 of the CPC, Ext.P5 and this judgment will not stand in the way of such application being considered and decided on its merits. The writ petition is disposed of as above. PIUS C. KURIAKOSE,

JUDGE.

Dpk


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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