ORDER :

1. Leave granted.

2. Feeling aggrieved with the impugned judgment and order passed by the High Court of Kerala at Ernakulam passed in RFA No. 550/2005 by which the High Court has dismissed the said appeal in a most cursory manner and that too without even framing the points for determination, the original appellant has preferred the present appeal.

3. While issuing the notice, this Court passed the following order on 14.10.2022:-

“Learned counsel for the petitioners has vehemently submitted that the manner in which the High Court has disposed of the First Appeal is unsustainable. It is submitted that, no points for determination as required under Order 41 Rule 31 has been framed by the High Court and the High Court has disposed of the First Appeal in a summary manner.

Issue notice to consider why the matter be not remitted to the High Court for fresh decision, returnable on 28.11.2022. Dasti, in addition, is permitted.

In the meantime, parties are directed to maintain status quo, as on today”.

4. Having heard the learned counsel for the respective parties and having gone through the impugned judgment and order passed by the High Court and taking into consideration Order XLI Rul