IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 RSA.No. 576 of 2008 ---------------------------------- AS.206/2003 of V ADDL. DISTRICT COURT, ERNAKULAM OS.677/2000 of I ADDL.M.C., ERNAKULAM .................... APPELLANT (APPELLANT/PLAINTIFF): M.RAGHAVA MENON, S/O.LATE KOCHUPAPPY AMMA, PENSIONER, RESIDING AT MELETH MADOM, ELAMANA ROAD, NADAMA VILLAGE, TRIPUNITHURA. BY ADV. SRI.DINESH R.SHENOY SRI.V.V.UNNIKRISHNAN RESPONDENT/(RESPONDENT/DEFENDANT): DEEPA VIMAL, W/O.VIMAL KUMAR, RESIDING AT MALIYAKKAL HOUSE, KOCHI - 16. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. --------------------------- R.S.A.No.576 of 2008 --------------------------- JUDGMENT This appeal arises out of a suit for injunction filed by the appellant as O.S.No.677/00 before the Munsiff's Court, Ernakulam. It is submitted that as against the mother of the respondent/defendant another suit for injunction had also been filed as O.S.No.752/99; that both the suits were being dismissed by the trial court; that A.S.Nos.206/03 and 207/03 were filed assailing respectively the dismissal of O.S.Nos.677/00 and 752/99 and that this appeal is filed against the concurrent verdicts dismissing O.S.No.677/00. It is also submitted that O.S.No.752/99 also was being concurrently dismissed. 2. The first appellate court allowed the appellant to file comprehensive suit incorporating prayer for recovery of possession as well while disposing of A.S.Nos.206/03 and 207/03 by a common judgment. Inasmuch as the dismissal of the suit for RSA 576/08 2 injunction is concurrent and right of the appellant to institute comprehensive suit incorporating prayer for recovery of possession is also safeguarded, I do not find any reason why this Regular Second Appeal is to be admitted, especially when there is no substantial question of law arising for consideration by this Court in this Regular Second Appeal. In the result, without prejudice to the appellant filing appropriate comprehensive suit for recovery of possession as well, I dismiss this Regular Second Appeal, refusing admission. 22nd July, 2008 (K.P.Balachandran, Judge) tkv