Thajunnissa vs Nazarudeen
2021 Latest Caselaw 13859 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
       FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                        RSA NO. 190 OF 2020
AGAINST THE JUDGMENT AND DECREE DTD.27-09-2019 IN AS 1/2019 OF III
         ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM AND
AGAINST THE JUDGMENT AND DECREE DTD.31.8.2018 IN THE COUNTER CLAIM
       IN OS.NO.971/2014 OF 3RD ADDITIONAL MUNSIFF'S COURT,
                        THIRUVANANTHAPURAM]
APPELLANT/APPELLANT IN AS 01/2019 AND COUNTER CLAIM DEFENDANT IN
O.S.971/2014:

          THAJUNNISSA
          AGED 53 YEARS
          D/O.SYED MUHAMMED, REENA COTTAGE, T.C.55/954, SANKAR
          NAGAR, KARAMANA, KAIMANAM, THIRUVANANTHAPURAM-695 002.
          BY ADV K.VENUGOPALAN NAIR


RESPONDENT/RESPONDENT IN AS NO.01/2019 AND COUNTER CLAIM PLAINTIFF
IN OS 971/2014:

          NAZARUDEEN
          AGED 55 YEARS
          S/O.SYED MOHAMMED, RESIDING AT BEEVI NIVAS, THETTIVILA,
          KALLIYOOR (PO), THIRUVANANTHAPURAM-695 042.

     THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON 02/07/2021 DELIVERED THE FOLLOWING:
 RSA NO.190 OF 2020

                             :-2-:




                       JUDGMENT

This appeal is against the judgment and decree

dated 27.9.2019 in A.S.No. 1/2019 on the file of the Third

Additional District Court, Thiruvananthapuram which arose

out of the judgment and decree dated 31.8.2018 in the

counter claim in O.S.No. 971/2014 on the file of the Third

Additional Munsiff's Court, Thiruvananthapuram.

2. The very same appellant preferred R.S.A.

Nos.182/2020 from O.S.No. 971/2014, R.S.A.No. 183/2020

from O.S.No. 197/2014 and R.S.A.No. 184/2020 from

O.S.No.944/2005 before this Court. The subject matter

involved in all the 3 suits referred above is one and the

same. By the judgment dated 19.2.2020, a learned Single

Bench of this Court dismissed the above second appeals in

limine. In view of the above, the learned counsel for the

appellant fairly submits that this appeal is not maintainable

and the appeal may be dismissed as not maintainable. RSA NO.190 OF 2020

:-3-:

In the result, this appeal is dismissed as not

maintainable. No costs.

Sd/-

N.ANIL KUMAR, JUDGE

MBS/