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2018 Supreme(Ker) 920

C.T.RAVIKUMAR, MARY JOSEPH
K. Damodharan Nair @ Babu – Appellant
Versus
Administrator Guruvayur Devaswom Board – Respondent


Advocates Appeared:
For the Appellant : Sri. N.M. Madhu, Smt. C.S. Rajani, Advs.
For the Respondent: Sri. P.Gopal

ORDER :

C.T. Ravikumar, J.

The petitioner herein seeks to file appeal against an order dated 11.07.2017 in SOP No.21 of 2008, passed by the Court of the Additional Sub Judge-I, Thrissur, dismissing the same. The said Original Petition was filed under Section 372 of the Indian Succession Act, 1925 (for brevity 'the Act' only). The Registry has noted a defect to the effect that in the light of the provision under Section 384 of the Act an appeal against an order of the Sub Court in an application filed under Section 372 of the Act would not lie before the High Court. The counsel for the appellant sought to cure the defect stating thus:-

"Under Section 384, the appeal is provided only to the High Court, irrespective of valuation. Even if the valuation is considered it is above 2 lakhs and the petition is of 2008 and still the appeal lies to the High Court."

The Registry, upon considering the endorsement made by the learned counsel, stuck to its earlier stand regarding the defect noted and further pointed that based on the proviso to Section 388 (2) of the Act an appeal from an order of such an inferior court would lie to the District Judge and not to High Court. In such circumstances, at
















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