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2023 Supreme(Ker) 640

A. BADHARUDEEN
Gokuldas, S/o Late Unnikutta Panikar – Appellant
Versus
Gopalakrishnan, S/o Kunnathulli Unnikutta Panikar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : DILIP J. AKKARA

JUDGMENT :

This regular second appeal has been filed under order XLII Rule 1 read with Section 100 of the Code of Civil Procedure.

2. The 1st respondent in I.A. No.8524/2003 in O.S. No.2100/2000 is the appellant herein and he impugns final decree and judgment dated 28.11.2008 in I.A. No.8524/2003 (final decree application) on the files of Court of I Additional Munsiff, Thrissur and final decree and judgment in A.S. No.30/2016 dated 14.02.2023 on the files of Court of the Additional Sub Judge-I, Thrissur.

3. Heard the learned counsel for the appellant on admission. In fact, the learned counsel for the appellant miserably failed to point out any question of law in this matter. But the learned counsel for the appellant submitted that the appellant is aggrieved in the matter of reservation made as per the final decree and therefore, the matter may be admitted with liberty to settle the matter by mediation.

4. Therefore, the question arises is: whether second appeal can be admitted without formulating question of law, and merely to refer the parties for mediation?

5. In this matter, a suit was filed as early in the year 2000 for partition of the plaint schedule items by the plaintiff, wherei

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