IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 156 of 2008()
1. R.SIVASANKARA PILLAI, S/O.RAMAN PILLAI
... Petitioner
Vs
1. NEELAKANTA PILLAI, 75 YEARS
... Respondent
2. GOVINDA PILLAI, AGED 75 YEARS,
3. LAKSHMIKUTTY PILLAI THANKACHI,
4. GOURI KUTTY PILLAI THANKACHI,
5. UNNI KRISHNA PILLAI,
For Petitioner :SRI.T.M.CHANDRAN
For Respondent :SRI.S.MUHAMMED HANEEFF
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :28/05/2010
O R D E R
A.K. BASHEER & P.Q. BARKATH ALI, JJ.
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M.F.A. 156 of 2008
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Dated: MAY 28, 2010
JUDGMENT
Basheer, J.
When this appeal is taken up for consideration, learned counsel
for the respondents has raised a preliminary objection regarding the
maintainability of this appeal before this court. He invites our attention
to the proviso to sub-sec.(2) of sec.388 of the Indian Succession Act,
1925 in this regard. A perusal of the provisions contained in sec.384
read with the proviso referred to above will undoubtedly show that
there is considerable merit in the above contention.
2. Learned counsel for the appellant submits that he is prepared
to take back the records and present the appeal before the appropriate
court. His only request is that he may be granted some reasonable
time to do so in view of the ailment of the appellants who are now
prosecuting the case after the death of the original appellant.
3. There is no dispute that this appeal had been presented
before this court within the time prescribed under law. Therefore we
are satisfied that the above prayer is only just and reasonable and can
M.F.A. 156 of 2008
2
be allowed. We do so.
4. The Registry shall return the appeal documents to the
learned counsel for the appellant for presentation before the proper
court. If the appeal is presented before the court concerned within
three weeks from today, the said court shall entertain the appeal
ignoring the delay and dispose of the same in accordance with law.
The appeal is disposed of in the above terms.
A.K. BASHEER, JUDGE
P.Q. BARKATH ALI, JUDGE
mt/-