State Of Kerala vs Illiyas
2024 Latest Caselaw 33340 Ker

Kerala High Court

State Of Kerala vs Illiyas on 15 November, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
        Friday, the 15th day of November 2024 / 24th Karthika, 1946

                      RSA NO. 602 OF 2024(FILING NO.)

  JUDGMENT DATED 02.06.2015 IN AS 16/2024 OF ASSITANT SESSIONS COURT/SUB
                     COURT/COMMERCIAL COURT, MANJERI

    JUDGMENT DATED 10.06.2010 IN OS 222/1997 OF MUNSIFF COURT, MANJERI

APPELLANT(S)/RESPONDENTS IN AS/DEFENDANTS IN OS:

  1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, MALAPPURAM,
     PIN - 676565.
  2. THE ERNAD TALUK TAHSILDAR, MANJERI, MANJERI AMSOM, DESOM, ERNAD
     TALUK, PIN - 676517.
  3. THE VILLAGE OFFICER, NARUKARA VILLAGE, NARUKARA, NARUKARA
     AMSOM/DESOM, ERNAD TALUK, PIN - 676122.
  4. MALAPPURAM DISTRICT MEDICAL OFFICER, MANJERI, MANJERI AMSOM, DESOM,
     ERNAD TALUK, PIN - 676121.

    BY GOVERNMENT PLEADER
RESPONDENT(S)/APPELLANT IN AS/PLAINTIFF IN OS:

     ILLIYAS, S/O KINATTINGAL SAITHALI, AGED 74 YEARS, KARUVAMBRAM AMSOM,
     MELAKKAM DESOM, ERNAD TALUK, PIN - 676123.

     This Unnumbered Regular Second Appeal(filing no.602/2024) having
come up for orders on 15.11.2024, the court on the same day passed the
following:




                                                                 (p.t.o)
               M.A.ABDUL HAKHIM, J.
             =====================
                UNNUMBERED RSA ----- OF 2024
                  (FILING No. 602 OF 2024)
               ===================
         Dated this the 15th day of November, 2024
       =============================
                          ORDER

1. This R.S.A is not numbered on account of certain defects in

the I.A filed under Order 41 Rule 27 of the Code of Civil

Procedure to accept the same as additional evidence. The

appellant has produced certain documents along with said

I.A without marking the same.

2. The Registry noted the defects that only if the documents

produced along with the said I.A are marked and correctly

entered in the Metadata in the Annexure filed, the same will

be reflected in the Appendix of the judgment in the event of

disposal of the case; and that the documents are neither

original nor certified copies.

3. The learned Government Pleader submitted that certified

copies of the very same documents are produced in RSA UNNUMBERED RSA ----- OF 2024 (FILING No. 602 OF 2024)

No.593/2017 arising from the very same common judgment

and decree of the Trial Court challenged in the present

appeal and both the appeals are to be heard together. Hence

there is no necessity to produce original/certified copies in

both the appeals.

4. I find that if the original/certified copies of the very same

documents are produced in the connected RSA

No.593/2017, the production of copies of the same is

sufficient in this appeal as both the appeals would be

considered together.

5. But the appellant has to mark each of the documents in the

I.A filed under Order 41 Rule 27 of the Code of Civil

Procedure as Annexures. Those documents are to be

included in the Appendix of the judgment only if this Court

allows the I.A filed under Order 41 Rule 27 of the Code of

Civil Procedure. In such case, the marking of the documents

will be in continuation of the documents already marked by

the Trial Court and the Appellate Court as Exhibits. If the I.A UNNUMBERED RSA ----- OF 2024 (FILING No. 602 OF 2024)

filed under Order 41 Rule 27 of the Code of Civil Procedure

is not allowed, the said documents will not form part of the

Appeal and it will remain as the Annexures to the I.A filed

under Order 41 Rule 27 of the Code of Civil Procedure

6. Hence, I direct the appellant to produce the documents along

with the I.A filed under Order 41 Rule 27 of the Code of Civil

Procedure marking each of the documents as Annexures to

the said Application with an affirmation that original/certified

copies of the same are already produced in RSA

No.593/2017. On filing such Application the Registry is

directed to number the Application.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms

15-11-2024 /True Copy/ Assistant Registrar