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.
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UNNUMBERED RSA ----- OF 2024
(FILING No. 602 OF 2024)
===================
Dated this the 15th day of November, 2024
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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) 2 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) 3 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