Vasantha vs Iruppam Veettil Raveendran
2021 Latest Caselaw 23807 Ker

RSA No.68/2021                                1/1

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
           Tuesday, the 30th day of November 2021 / 9th Agrahayana, 1943
                                 RSA NO. 68 OF 2021
                OS 176/2014 OF I PRINCIPAL MUNSIFF COURT, KOZHIKODE
              AS 168/2017 OF II ADDITIONAL DISTRICT COURT, KOZHIKODE
   APPELLANT/RESPONDENT/DEFENDANT:

          VASANTHA, AGED 65 YEARS, W/O.(LATE), PURUSHOTHAMAN, PULLANHOLI,
          THALAKKULATHUR (POST), PURAKKATTIRI, THALAKKULATHUR AMSAM DESAM,
          KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 673317.

        BY ADV JESWIN P.VARGHESE
   RESPONDENT/APPELLANT/PLAINTIFF:

          IRUPPAM VEETTIL RAVEENDRAN, AGED 70 YEARS, S/O.( LATE) CHOYI,
          RESIDING AT PERYAYIL, THALAKKULATHUR (POST), PURAKKATTIRI,
          THALAKKULATHUR AMSAM DESAM, KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN
          - 673317.

        BY ADV SRI.ZUBAIR PULIKKOOL
        This Regular second appeal having come up for orders on 30.11.2021,
   the court on the same day passed the following:
                                      ORDER

Heard the learned counsel for the appellant.

This RSA is admitted on the following substantial questions of law:

1.Has not the first appellate Court reversed the judgment and decree of the trial court in the absence of sufficient evidence to prove the actual damages sustained to the plaintiff?.

2.Having specifically denied the allegations in the amended plaint regarding felling down trees in the written statement, has not the first appellate court erred in holding that the defendant has cut and removed the trees from the plaint A schedule property?.

Issue notice.

Sd/- N.ANIL KUMAR JUDGE

30-11-2021 /True Copy/ Assistant Registrar