High Court Kerala High Court

Kalyani Amma vs Ananthoth Kunhikkannan on 8 June, 2010

Kerala High Court
Kalyani Amma vs Ananthoth Kunhikkannan on 8 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RCRev..No. 138 of 2010()


1. KALYANI AMMA,W/O.KUNHIRAMAN VYDIAR,
                      ...  Petitioner
2. RAMACHANDRAN S/O.KUNHIRAMAN VYDIER,
3. PREMARAJAN, S/O.KUNHIRAMAN VYDIER,

                        Vs



1. ANANTHOTH KUNHIKKANNAN, S/O.CHATHUKUTTY
                       ...       Respondent

2. VENGOYIL V.M ANIL KUMAR,

                For Petitioner  :SRI.N.SHANOJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :08/06/2010

 O R D E R
          PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                       ------------------------
                      R.C.R.No. 138 OF 2010
                       ------------------------

               Dated this the 8th day of June, 2010


                             O R D E R

Pius C.Kuriakose, J.

Under challenge in this revision under Section 20 of Act 2 of

1965 is the judgment of the Subordinate Judge, Vatakara in

Appeal Suit No.47/2008. The appeal suit was directed against

the order passed by the Munsiff, Vadakara in a claim petition filed

by the appellants. We are of the view that the present revision

filed under Section 20 of Act 2 of 1965 is not maintainable within

the contours of Section 20. Under Section 20 this court, as

revisional authority, is empowered to examine the records

relating to orders passed by the rent control appellate authority

empowered under Section 18 for the purpose of satisfying as to

legality, regularity and propriety of such orders or proceedings of

the appellate authority. The impugned judgment falls outside the

purview of Section 20.

The RCR is dismissed as not maintainable. But, this

judgment will not stand in the way of the appellants pursuing

RCR.No.138/2010 2

other legal remedies if any available to them against the

impugned judgment.

Return the certified copy of the impugned judgment in A.S.

No.47/2008 to the counsel for the revision petitioners at the

earliest.

PIUS C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM , JUDGE
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