S.Sudhakaran vs State Of Kerala
2024 Latest Caselaw 30683 Ker

Kerala High Court

S.Sudhakaran vs State Of Kerala on 30 October, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE G.GIRISH
        Wednesday, the 30th day of October 2024 / 8th Karthika, 1946
                      EX.FA NO. 25 OF 2024(FILING NO.)

  ORDER DATED 20.07.2024 IN E.P. 139/2016 IN LAR 9/2012 OF ADDITIONAL SUB
                                COURT,KOLLAM




APPELLANT(S)DECREE HOLDER/CLAIM PETITIONER:

     S.SUDHAKARAN, AGED 72 YEARS, S/O SUKUMARAN, VATTAVILA VEEDU,
     KARTHIKA, NEDUMPANA VILLAGE, NEDUMPANA P.O, KOLLAM, PIN - 691576.


    BY ADVS.PRATHEESH.P,ANJANA KANNATH,MARIYA JOSE

RESPONDENT(S)/JUDGMENT DEBTOR/RESPONDENT:

     STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, CIVIL
     STATION, KOLLAM, PIN - 691013.


     BY GOVERNMENT PLEADER (served on)

     This Unnumbered Execution First Appeal.../2024 (Filing No.25/2024)
having come up for orders on 30.10.2024, the court on the same day passed
the following:




                                                            P.T.O
                                            G.GIRISH, J.
                                    --------------------------
                                    Ex.FA No......... of 2024
                                     (Filing No.25 of 2024)
                        ---------------------------------------------------
                          Dated this the 30th day of October, 2024

                                           ORDER

The Registry has noted a defect in respect of the filing of

this first appeal, stating that it is doubtful whether the appeal

is maintainable as against the impugned order, which is the

dismissal of E.P. for non-compliance of the decree holder in

taking steps in accordance with the direction of this Court, in

an appeal preferred against the original award.

2. The present appeal does not come within the

purview of Section 96 or Section 104 of the Code of Civil

Procedure. So also, the impugned order is not one passed in

accordance with any of the clauses enumerated as clause (a)

to clause (w) of order XLIII Rule 1 of the Code of Civil

Procedure. Therefore, the defect noted by the Registry is found

sustainable.

Accordingly, the appeal is ordered to be returned for

curing the defects and taking appropriate steps.

Sd/-

             SCB                                             G.GIRISH, JUDGE



30-10-2024                       /True Copy/                             Assistant Registrar