Citation : 2024 Latest Caselaw 30853 Ker
Judgement Date : 30 October, 2024
RSA No.177/2015 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
Wednesday, the 30th day of October 2024 / 8th Karthika, 1946
RSA NO. 177 OF 2015
AS 19/2013 OF I ADDITIONAL DISTRICT COURT, KALPETTA
OS 183/2006 OF SUB COURT, SULTHANBATHERY
APPELLANT/RESPONDENT/DEFENDANT:
K.SUBAIR, AGED 52 YEARS, S/O MOHAMMED, KARUTHEADATH HOUSE, BUSINESS,
GOODALAI, KAPLETTA AMSOM, P.O.VYTHIRI TALUK, WAYANAD DISTRICT
BY ADVS.SRI.T.V.GEORGE,SRI.JIMMY GEORGE THADATHIL
RESPONDENT/APPELLANT/PLAINTIFF:
E.ANIL, S/O.LATE ASHOKAN, AGED 40 YEARS, "HARI PRIYA" HOUSE,
BUSINESS, MUTTIL AMSOM, DESOM, VYTHIRI TALUK, WAYANAD DISTRICT
BY ADV SRI.JACOB SEBASTIAN(CAVEATOR)
This Regular second appeal having come up for orders on 30.10.2024,
the court on the same day passed the following:
ORDER
This Regular Second Appeal is admitted, and the following substantial question of law:
1.Whether the First Appellate Court was right in interfering with the judgment of the Trial Court.
2.Whether there is perversity in the finding of the First Appellate Court with regard to the appreciation of evidence.
3.Whether the finding of the First Appellate Court that the plaintiff has discharged his burden with regard to the proof of Ext.A1 is liable to be interfered.
Post on 21.11.2024.
Sd/- M.A.ABDUL HAKHIM , JUDGE
30-10-2024 /True Copy/ Assistant Registrar
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