High Court of KeralaSingle JudgeDismissed

Geetha Devi and Sasikala v. G. Sasibala

Case / Petition Number:OP(C) Nos.169 of 2022 and 171 of 2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Badharudeen
Judgment Date
2022-02-14
Court Decision / Holding
OP(C) Nos.169 and 171 of 2022 dismissed; the High Court held that it is permissible to file either a single appeal against suit and counter-claim or two separate appeals in appropriate circumstances, and that the pecuniary value of the suit falls within the District Court's jurisdiction.
Final Disposition
Dismissed

Parties to the Case

Appellants / Petitioners

  • Geetha Devi
  • Sasikala

Respondents

  • G. Sasibala

Legal Representation & Advocates

Counsels for Petitioners

  • • V. Suresh
  • • G. Sudheer
  • • K. Kusumam
  • • K. Kaleesh
  • • R. S. Rejitha
  • • P. T. Mary
  • • Achuthan K.

Counsels for Respondents

  • • K. Kusumam
  • • K. Kaleesh
  • • R. S. Rejitha
  • • P. T. Mary
  • • Achuthan K.

Case Synopsis & Summary

Two original petitions OP(C) Nos.169 of 2022 and 171 of 2022 challenge two orders in IA Nos. 2061/2019 and 2062/2019 in AS Nos. 44/2018 and 34/2018 before the III Additional District Court, Thiruvananthapuram, arising from a composite decree involving partition of suit schedule properties. The petitioners Geetha Devi and Sasikala contend that proceeding with two independent appeals against a single composite decree would be unsustainable; they urged either a single appeal or a permissible dual-appeal route depending on jurisdiction, arguing the pecuniary value should be considered for the proper forum. The respondent G. Sasibala counters that the petitions involve delaying tactics to keep two appeals alive since 2018, and contends that the approach could complicate disposal. The Appellate Court’s orders were challenged, and the High Court, applying settled law, held that filing one appeal against a suit and counter-claim is permissible when both challenges are within one appeal, and there is no legal bar to filing two separate appeals as well, provided the suit’s pecuniary value falls within the District Court’s jurisdiction. It found the pecuniary value within the District Court’s limit and dismissed the petitions, leaving any broader legal question for later proceedings. The decision clarifies maintainability of independent appeals in composite-decree disputes and preserves jurisdictional boundaries.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that two independent appeals against a composite decree involving a suit and counter-claim would not sustain; they sought to challenge the decree through IA petitions and asserted that where both challenges are taken in one appeal, a single appeal is permissible, and there is no legal bar to filing two separate appeals as well, provided the pecuniary jurisdiction is satisfied.

Contentions of Respondents

The respondent contended that the two appeals were filed to cause delay and to avoid disposal of two appeals pending since 2018; they argued that maintaining two separate appeals could complicate proceedings and that there may be tactical manipulation to prolong litigation.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Thomas and Others v. Dr. Sudha and Others2010(4) KHC 575PositiveCited as supportive authority establishing maintainability of separate appeals in composite-decree scenarios.
Kishori Devi and Others v. Rameswar Prasad2017 KHC 5712PositiveCited as supportive authority for maintainability of separate appeals.
Durgasingh Chowhan and another v. Rajendra Kothiyan & Others2020 KHC 4730PositiveCited as supportive authority for maintainability of separate appeals.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 14[TH] DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 OP(C) NO. 169 OF 2022** **AGAINST THE ORDER IN IA 2061/2019 IN AS 44/2018 OF III ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM** ## **PETITIONERS/PETITIONERS/RESPONDENTS/PLAINTIFFS :** **1 GEETHA DEVI AGED 65 YEARS WIFE OF LATE SASIDHARA KARANAVAR, RESIDING AT TC 2/453(25) P.T.CHACKO NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695 011.** **2 SASIKALA AGED 38 YEARS DAUGHTER OF LATE SASIDHARA KARANAVAR, RESIDING AT TC 2/453 (25), P T CHACKO NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695 011.** **BY ADVS. V.SURESH G.SUDHEER** ## **RESPONDENT/CR.PETITIONER/APPELLANT/DEFENDANT :** **G.SASIBALA AGED 45 YEARS DAUGHTER OF LATE SASIDHARA KARANAVAR, REPRESENTED BY HER POWER OF ATTORNEY HOLDER PRASAD, SON OF RAGHAVAN NAIR, HOUSE NO.239, DHANVANTHARI BHAVAN, MUNDAKAYAM, KOTTAYAM, PIN - 686 513.** **BY ADVS. K.KUSUMAM K.KALESH R.S.REJITHA P.T.MARY** O.P.(C)Nos.169 and 171 of 2022 ..2.. **BENRAJ K.R. ACHUTHAN K.** **THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2022, ALONG WITH OP(C).171/2022, THE COURT ON 14.02.2022 DELIVERED THE FOLLOWING:** O.P.(C)Nos.169 and 171 of 2022 ..3.. # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **MONDAY, THE 14[TH] DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 OP(C) NO. 171 OF 2022** **AGAINST THE ORDER IN IA 2062/2019 IN AS 34/2018 OF III** **ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM** ## **PETITIONERS/PETITIONERS/RESPONDENTS/PLAINTIFFS :** **1 GEETHA DEVI, AGED 65 YEARS, W/O. OF LATE SASIDHARA KARANAVAR, RESIDING AT TC 2/453 (25), P T CHACKO NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695 011.** **2 SASIKALA AGED 38 YEARS DAUGHTER OF LATE SASIDHARA KARANAVAR, RESIDING AT TC 2/453(25), P T CHACKO NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN - 695 011. BY ADVS. V.SURESH G.SUDHEER** ## **RESPONDENT/CR.PETITIONER/APPELLANT/DEFENDANT :** **G.SASIBALA AGED 45 YEARS DAUGHTER OF LATE SADIDHARA KARANAVAR, REPRESENTED BY HER POWER OF ATTORNEY HOLDER PRASAD, SON OF RAGHAVAN NAIR, HOUSE NO.239, DHANVANTHARI BHAVAN,** O.P.(C)Nos.169 and 171 of 2022 ..4.. **MUNDAKAYAM, KOTTAYAM, PIN - 686 513.** **BY ADVS. K.KUSUMAM K.KALESH R.S.REJITHA P.T.MARY ACHUTHAN K.** **THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2022, ALONG WITH OP(C).169/2022, THE COURT ON 14.02.2022 DELIVERED THE FOLLOWING:** O.P.(C)Nos.169 and 171 of 2022 ..5.. ## **A.BADHARUDEEN, J.** ## **-----------------------------------------------------------------** ## **O.P.(C)Nos.169 and 171 of 2022 ---------------------------------------------------------------Dated this the 14[th] day of January, 2022** ## **J U D G M E N T** Order in I.A.No.2061 of 2019 dated 09.12.2021 in A.S.No.44 of 2018 on the file of the Additional District Judge-III, Thiruvananthapuram is under challenge in O.P.(C)No.169 of 2022, as opted by the respondents in the appeal. 2. Whereas, in O.P.(C)No.171 of 2022, order in I.A.No.2062 of 2019 dated 09.12.2021 in A.S.No.34 of 2018 is under challenge at the instance of the respondents in the appeal. The petitioners contended that two independent appeals against composite decree involving suit and counter claim would not sustain and accordingly, I.A.No.2061 of 2019 and I.A.No.2062 of 2019 were filed before the Appellate Court. The Appellate Court considered the prayer and after relying on the decisions reported in [2010(4) KHC 575], **Thomas and Others v. Dr.Sudha and** O.P.(C)Nos.169 and 171 of 2022 ..6.. **Others** , [2017 KHC 5712], **Kishori Devi and Others v. Rameswar Prasad** and [2020 KHC 4730], **Durgasingh Chowhan and another v. Rajendra Kothiyan & Others** held that separate appeals filed in the given facts of the case also are maintainable. 3. At the time of hearing, the learned counsel for the petitioners would submit that when composite decree is passed whereby the pecuniary jurisdiction of the decree involves that of this Court, by filing separate appeals, pecuniary jurisdiction of the District Court can be resorted to. Whether such a course of action is permissible is the legal issue in this matter. Therefore, the said legal question required to be addressed in these original petitions. 4. But the learned counsel for the respondent would submit that delayed tactics being played to avoid disposal of two appeals pending from 2018 onwards, where the subject matter is the partition of the plaint schedule items. 5. Having heard both sides, I am of the view that as per the settled law, filing of one appeal against suit and counter claim is permissible, when both challenges were taken in one appeal. Similarly, there is no legal bar in filing two separate O.P.(C)Nos.169 and 171 of 2022 ..7.. appeals also. In view of the matter, the learned District Judge is right in dismissing I.A.No.2061 of 2019 and I.A.No.2062 of 2019. 6. As regards the legal question mooted by the learned counsel for the petitioners, the same does not arise in this case, since the pecuniary value of the suit, if calculated in any way, the same is within the limit of pecuniary jurisdiction of the District Court. Therefore, I am inclined to dismiss these original petitions, leaving the legal question to be decided in an appropriate proceedings later. Accordingly, these original petitions are dismissed. ## **A.BADHARUDEEN, JUDGE** rkj Sd/- O.P.(C)Nos.169 and 171 of 2022 ..8.. ## **APPENDIX OF OP(C) 169/2022** ## **PETITIONER EXHIBITS** **Exhibit P1** **TRUE COPY OF THE COMMON JUDGMENT IN OS NO.89/2014 AND OS NO.24/2017 PASSED BY THE 1ST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 31/8/2017.** **Exhibit P2** - **TRUE COPY OF THE AS NO.34 OF 2018 FILED BY THE RESPONDENT BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM DATED 12/1/2018.** **Exhibit P3 TRUE COPY OF THE AS NO.44 OF 2018 FILED BY THE RESPONDENT BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM DATED 9/2/2018.** **Exhibit P4** - **TRUE COPY OF THE IA NO.2061 OF 2019 FILED BY THE PETITIONER BEFORE THE DISTRICT COURT THIRUVANANTHAPURAM DATED 21/6/2019.** **Exhibit P5 TRUE COPY OF THE STATEMENT OF OBJECTION FILED BY THE POWER OF ATTORNEY OF THE RESPONDENT DATED 31/8/2021.** **Exhibit P6 TRUE COPY OF THE ORDER IN IA NO.2061 OF 2019 IN AS NO.44 OF 2019 DATED 9/12/2021 OF ADDITIONAL DISTRICT COURT-III, THIRUVANANTHAPURAM.** O.P.(C)Nos.169 and 171 of 2022 ..9.. ## **APPENDIX OF OP(C) 171/2022** **PETITIONER EXHIBITS** **Exhibit P1** **TRUE COPY OF THE COMMON JUDGMENT IN O.S.NO.89/2014 AND O.S.NO.24/2017 PASSED BY THE 1ST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM DATED 31/8/2017.** **Exhibit P2** **TRUE COPY OF THE A.S.NO.34 OF 2018 FILED BY THE RESPONDENT BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM DATED 12/1/2018.** **Exhibit P3 TRUE COPY OF THE A.S.NO.44 OF 2018 FILED BY THE RESPONDENT BEFORE THE DISTRICT COURT, THIRUVANANTHAPURAM DATED 9/2/2018.** **Exhibit P4** - **TRUE COPY OF THE IA NO.2062 OF 2019 FILED BY THE PETITIONER BEFORE THE DISTRICT COURT THIRUVANANTHAPURAM DATED 21/6/2019.** - **Exhibit P5 TRUE COPY OF THE STATEMENT OF OBJECTION FILED BY THE POWER OF ATTORNEY OF THE RESPONDENT DATED 31/8/2021 IN IA NO.2062/2019.** **Exhibit P6 TRUE COPY OF THE ORDER IN IA NO.2062 OF 2019 IN AS NO.34 OF 2019 DATED 9/12/2021 OF ADDITIONAL DISTRICT COURT-III, THIRUVANANTHAPURAM.**