For Information Purpose Only vs The District Collector
2021 Latest Caselaw 6846 Ker

Citation : 2021 Latest Caselaw 6846 Ker
Judgement Date : 26 February, 2021

Kerala High Court

For Information Purpose Only vs The District Collector on 26 February, 2021

RSA 685/2020                            1/2

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     Present:
                  THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
            Friday,the 26th day of February 2021/7th Phalguna, 1942
                        I.A.No.1/2020 in RSA No.685/2020
AS No.102/2014 of the ADDITIONAL DISTRICT COURT-I, MAVELIKKARA
OS No.86/2007 of the SUB COURT, MAVELIKKARA

APPELLANT/PETITIONER:
    For information purpose only
    SUBHADRAMMA,AGED 85,
    D/O.JANAKIAMMA, PARANGAMOTIL HOUSE, KANDALLOOR VILLAGE,
    KARTHIKAPPILLI TALUK, ALAPPUZHA DISTRICT-690531.

RESPONDENTS/RESPONDENTS:
1. THE DISTRICT COLLECTOR,
      OFFICE OF THE DISTRICT COLLECTOR, ALAPUZHA P.O., ALAPUZHA
      DISTRICT-688001.
2. THE STATE OF KERALA,
      REPRESENTED BY THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT
     COLLECTOR, ALAPUZHA P.O.,
      ALAPUZHA DISTRICT-688001.
3. G.SANKARA PILLAI,AGED 75,
      S/O.GOVINDHA PILLAI, KUZHUVELIL-KALECKEL VEEDU, KIZHAKEMURI,
     THAMARAKULAM VILLAGE,
      KARTHIKAPPILLI TALUK, ALAPPUZHA DISTRICT-690 531.
4. K.V.JAYAKUMARA PILLA,
      PUTHEN VEETIL KIZHAKETHIL, PORUVAZHY NORTH, CHATHAKULAM P.O.,
      KUNNATHOOR TALUK, ALAPUZHA DISTRICT-690520.

   Application praying that in the circumstances stated in the aﬃdavit ﬁled
therewith the High Court be pleased to pass an interim order staying the operation
of the judgment and decree in AS.No.102 of 2014 dated 12.08.2020 on the ﬁle of
the Addl.District Court-1, Mavelikkara pending consideration of the above appeal in
the interest of justice.

  This application coming on for orders upon perusing the application and the
aﬃdavit ﬁled in support thereof, and upon hearing the arguments of SRI
G.SREEKUMAR /CHELUR) Advocate for the petitioner and of GOVERNMEN PLEADER
for R1 and R2 and M/S C.HARIKUMAR, ANAND GOKULDAS, RENJITH RAJAPPAN,
Advocates for the respondent 3, the court passed the following:

                               N. ANIL KUMAR, J.
                      -------------------------------------------
                             R.S.A. No.685 of 2020
                     ---------------------------------------------
                  Dated this the 26th day of February, 2021

                                     ORDER

RSA 685/2020 2/2

Heard the learned counsel for the appellant, the learned Government Pleader

for respondents 1 and 2 and the learned counsel for the 3rd respondent.

The RSA is admitted on the following substantial questions of law.

(1) Is it justified on the part of the first Appellate Court to decide

the appeal in an isolated manner on the question of For information limitation alone, when purpose onlyseveral the trial court has decided

issues and was it not for the first Appellate Court to decide

the case on all points in view of the mandate contained

under Order XLI Rule 31 of the Code of Civil Procedure?

2. Is it not a mistake glaring in nature committed by the first Appellate Court in stating that the suit is barred by limitation in view of the finding

of the Kerala Lok Ayukta to file a suit to protect the possession and right

of the plaintiff?

3. Whether the first Appellate Court decided the question of limitation

without considering the proof regarding disputed Will?

Issue notice to the 4th respondent.

Call for records.

I.A.No. 1/2020

Both the appellant and respondents are directed to maintain status quo as on

today for a period of four months. Post on 26.03.2020.

Sd/-

N. ANIL KUMAR, JUDGE

kkj /true copy/ Sd/-