1. Two appeals pending against a Family Court judgment in an original petition. (Para 1 )
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2026 Supreme(Online)(Ker) 65265
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
Swarnamayi Devi @ Thankamani – Appellant
Versus
Jibi Das – Respondent
MAT.APPEAL NO. 357 OF 2023
Advocates:
For the Appellants/Petitioners: Deepa Biju
For the Respondents: E.S. Ashraf, K.S. Karunamol
For the Appellants/Petitioners: Deepa Biju
For the Respondents: E.S. Ashraf, K.S. Karunamol
Redundant appeals arising from the same judgment may be dismissed if another appeal covering the same matter is already pending before the court.
Headnote:(A) Civil Procedure - Multiple Appeals - Redundancy - Where multiple appeals arise from the same judgment and one comprehensive appeal is already pending with condoned delay, the redundant appeal may be dismissed to avoid multiplicity of proceedings.
Issues: Whether Mat. Appeal No. 357 of 2023 should be retained when another appeal from the same judgment is already pending before the Court.
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2. The court noted that delay in filing one appeal was condoned. (Para 2 )
3. One appeal is dismissed as unnecessary since both arise from same judgment. (Para 3 )
4. Can one of two appeals from the same judgment be retained?
No. Where two appeals arise from the same judgment, retaining one is unnecessary; it may be dismissed. (Para 3 )
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 05.10.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan & P.Krishna Kumar, JJ.
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Mat.Appeal No.357 of 2023
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Dated this the 5th day of October, 2026
JUDGMENT
Sathish Ninan, J.
Challenging the judgment in O.P. No. 1319 of 2013 of the Family Court, Pathanamthitta, two appeals are pending before this Court, namely, Mat. Appeal No. 357 of 2023 filed by respondents 3 and 4 in the original petition as appellants, and Mat. Appeal No. 307 of 2025 filed by respondents 1 to 4 in the original petition as appellants.
2. We do notice that the delay in filing Mat.Appeal No.307/2025 has already been condoned by this Court.
3. Since both the appeals arise from the same Mat.Appeal.No.357/2023 is not necessary to retain Mat. Appeal No. 357 of 2023 on the file any further.
Accordingly, Mat. Appeal No. 357 of 2023 stands dismissed, without prejudice to the right of the
