IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 CRP.NO. 201 OF 2008() --------------------- AA.129/2000 OF A.A.(LR), KANNUR .................... REVN. PETITIONER: APPELLANTS -------------------------------------- 1. T.K.SREEDHARAN, S/O.LATE PANAKKADAN KRISHNAN NAMBIAR, TALIPARAMBA AMSOM AND DESOM. 2. T.K.SHANTHA KUMARI, D/O.LATE P.V.KRISHNAN NAMBIAR, KURUMATHUR AMSOM AND DESOM. 3. T.K.DIVAKARAN, S/O.LATE PANAKKADAN KRISHNAN NAMBIAR, KURUMATHUR AMSOM AND DESOM. BY ADV. SRI.CIBI THOMAS RESPONDENTS/RESPONDENTS : --------------------------------- 1. K.PARAMESWARAN NAMBOODIRIPAD, S/O.LATE K.NARAYANAN NAMBOODIRIPAD, KURUMATHUR ILLAM, KURUMATHUR AMSOM DESOM, KURUMATHUR P.O. 2. KAKKOTTAKATH METHALE PURAYIL HAMZA,PANNIYOOR AMSOM. 3. THANEREKIZHIL MARIYAM, W/O.LATE EBRAHIM, KAKKOTTAKATH MEETHALE PURAYIL HOUSE,PANNIYOOR AMSOM. 4. MUBEENA, D/O.LATE EBRAHIM,RESIDING AT DO. 5. SAMEENA, D/O.LATE EBRAHIM, RESIDING DO. 6. JABIR, S/O. LATE EBRAHIM, RESIDING DO. 7. SAJEER AHAMED, S/O.EBRAHIM, RESIDING DO. 8. SAKEER HUSSAIN, S/O.LATE EBRAHIM, RESIDING DO. 9. SWALIHA, D/O.LATE EBRAHIM,RESIDING DO. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 201 OF 2008 --------------------- Dated this the 6th day of March, 2008 ORDER This revision petition is preferred against the order of the Appellate court, Kannur in AA 129/00 which is filed against SMP 295/86 on the file of the Land Tribunal, Taliparamba. The brief facts necessary for disposal of the revision are as follows: 2. One Krishnan Nambiar was issued a certificate of purchase with respect to the property in SMP 347/87. It was challenged by Ibrahim and Hamsa as AA 548/97. The appellate court allowed the appeal against which, C.R.P. 126/01 was preferred before this court. By judgment dated 18.12.07 this court set aside the judgment and remanded the matter back to the appellate court for fresh consideration. It was also observed that it can be heard along with the appeal which is filed against the order in SMP 295/86. 3. In SMP 295/86 certificate of purchase was issued in favour of Ibrahim and Hamsa. It was challenged by the legal representatives of Krishnan Nambiar as AA 129/00. It has been dismissed by the appellate court by its judgment dated 11.12.07. A C.R.P. NO.201/08 2 perusal of page 4 of the said order would reveal that the appellate authority mainly relied on the factum that since no appeal has been preferred against AA 548/97 and it has become final, the documents produced need not be looked into. Unfortunately it is a mistaken statement for the reason that there was a revision preferred as C.R.P. 126/01, which as already stated, has been remanded back by this court for disposal by the appellate authority. Therefore as observed by this court, it is only just and convenient that both AA 548/97 and AA 129/00 are disposed of together by the appellate authority after hearing both sides. Therefore the order passed by the appellate authority AA 129/00 is set aside and the matter is remitted back to the appellate court, Kannur for fresh consideration along with AA 548/97. The said court is also directed to consider both appeals simultaneously and dispose it of in accordance with law. M.N.KRISHNAN, JUDGE vps C.R.P. NO.201/08 3