DIPAK MISRA, MOHAN M.SHANTANAGOUDAR
Sasi (D) Through Lrs. – Appellant
Versus
Aravindakshan Nair – Respondent
JUDGMENT :
Dipak Misra, J.
In this special leave petition, the challenge is to the order dated 9th March, 2012, passed by the learned Single Judge of the High Court of Kerala at Ernakulam in R.S.A. No.345 of 2012 and the order dated 26th October, 2016, passed in Review Petition No.886 of 2012.
2. Ordinarily, we would have passed a short order in the matter dismissing the special leave petition which would have paved the path for extinction for the litigation, for it is devoid of any merit warranting any interference but, an eloquent one, the circumstances impel us to state something more.
3. A Regular Second Appeal was preferred before the High Court under Section 100 of the Code of Civil Procedure challenging the judgment and decree passed in Appeal Suit No.149 of 2008, which had given the stamp of approval to the judgment and decree passed by the learned Munsiff, Alappuzha in O.S. No.518 of 2003. The learned Single Judge of the High Court dismissed the Second Appeal on 9th March, 2012. The appellant therein filed a review petition under Order 47 Rule 1 C.P.C. on 20th September, 2012. The review was barred by limitation and eventually, the same was not entertained on merits.
4. We are
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