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ATIYOLI RAMANKUTTY v. N.RAMANKUTTY - SA No. 602 of 1994(E)  RD-KL 16482 (24 August 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMSA No. 602 of 1994(E)
1. ATIYOLI RAMANKUTTY
For Petitioner :SRI.M.K.DAMODARAN (SR.)
For Respondent :SMT.S.JAYASREE
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
O R D E R
S.A. NO. 602 OF 1994
Dated this the 24th day of August, 2007
The second appeal is filed challenging the dismissal of the first appeal as barred by time, after dismissing the application filed under section 5 of the Limitation Act to condone the delay. The case in the second appeal is that the Land Tribunal should not have rendered a finding based on O.A.2123/1976 as A.A.138/1987 was pending before the appellate authority challenging that order and as the question of tenancy is not finally decided by the Land Tribunal the judgments of the courts below are to be set aside.
2. It is pointed out by learned counsel appearing for respondent and admitted by learned counsel appearing for appellant that A.A.138/1987 was subsequently dismissed and C.R.P. filed before this court challenging the order of the appellate authorityin A.A.138/1987 was also dismissed. In S.A.602/1994 2 such circumstance, as the question of tenancy is finally settled, appellant is not entitled to contend that respondent is not tenant of the plaint schedule property. Therefore appellant is not entitled to the decree for recovery of possession sought for. Appeal is dismissed. M.SASIDHARAN NAMBIAR
M.SASIDHARAN NAMBIAR, J.W.P.(C).NO. /06
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