Harikumar vs Kannan Reddiar
2023 Latest Caselaw 6463 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
          Tuesday, the 13th day of June 2023 / 23rd Jyaishta, 1945
                    IA.NO.1/2023 IN RFA NO. 255 OF 2016
                  OS 604/2012 OF SUB COURT, KARUNAGAPPALLY
PETITIONER/APPELLANT:

     HARIKUMAR, AGED 56 YEARS, S/O. PAVIZHASENAN, SHOBHA GARDENS,
     PADANAYARKULANGARA NORTH, KARUNAGAPPALLY VILLAGE, FROM ANANDA
     BHAVANAM, ADINADU THEKKU, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY
     TALUK, KOLLAM DISTRICT.

RESPONDENT/RESPONDENT:

     KANNAN REDDIAR, S/O. MUTHUSWAMY REDDIAR, RESIDING AT RANI
     NIVAS,KALLUMMOODU, KAYAMKULAM, ALAPPUZHA DISTRICT-688 001.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to withdraw A.S
No.81/2016 pending before the Hon'ble District Court Kollam to this
Hon'ble Court to hear and dispose along with the above appeal for the end
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.C.P.SAJI, SMT.P.DEEPA MOHAN, Advocates for the petitioners, the
court passed the following:
        ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
    -----------------------------------------------------------
                        I.A.No.1 of 2023
                                 in
                     R.F.A.No.255 of 2016
    -----------------------------------------------------------
            Dated this the 13th day of June, 2023

                            ORDER

P.G. Ajithkumar, J.

This appeal arose on the judgment and decree dated

23.12.2015 in O.S.No.604 of 2012 of the Sub Court,

Karunagappally. O.S.No.604 of 2012 was tried along with

O.S.No.185 of 2012. Both cases were disposed of as per a

common judgment.

An appeal was filed challenging the judgment and decree

in O.S.No.185 of 2012 as R.F.A.No.176 of 2016 before this

Court. That appeal was returned to the appellant on the

ground of pecuniary jurisdiction and that appeal is now

pending before the District Court, Kollam as A.S.No.81 of

2016. The appellant has filed this application under Section

24(1)(b) of the Code of Civil Procedure, 1908 seeking to

withdraw A.S.No.81 of 2016 now pending before the District

Court, Kollam for being heard and disposed of along with this

appeal.

I.A.No.1 of 2023 in R.F.A.No.255 of 2016

Having heard the learned counsel appearing for the

appellant, we find that this appeal is required to be heard and

disposed of along with A.S.No.81 of 2016.

Therefore, this application is allowed and A.S.No.81 of

2016 on the file of the District Court, Kollam is withdrawn to

this Court.

Registry is directed to get the records in the said appeal

transmitted to this Court from the District Court, Kollam and

list along with this appeal after numbering.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr

13-06-2023 /True Copy/ Assistant Registrar