ORDERS ON THE REFERENCE OF THE LEARNED SINGLE JUDGE

When the registry of the High Court, raised objection with regard to maintainability of miscellaneous appeal the occasion arose for reference of the matter to Division Bench to clarify the position. As a matter of fact, the reference by the learned Single Judge was because of opinion of another learned Single Judge in R.F.A. No. 324 of 2002 holding that the regular first appeal was maintainable against the decree in O.S. No.2 of 1991 (converted from P and SC No.6 of 1989). In the said R.F.A. No. 324 of 2002 by making reference to the decision of Anthony Swamy v Chowramma, the learned Judge held that the RFA would be maintainable.

2. The facts that led to the filing of miscellaneous appeal before this Court in brief are as under:

P and SC No. 91 of 2000 came to be filed by the 1st respondent herein against the appellant herein and the said matter came to be contested by the appellant/respondent. Therefore, the P and SC came to be converted as O.S. No. 14 of 2002 in view of Section 295 of the Indian Succession Act, 1925. When the decree in the said suit came to be challenged by filing miscellaneous appeal, the office raised object