IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 FAO.No. 232 of 2007() ----------------------------- AS.92/2003 of SUB COURT, PALA .................... APPELLANTS/RESPONDENTS/DEFENDANTS ------------------------------------------------------------ 1. SULAIMAN, OLICKALTHAZHE HOUSE, KARIMALLUMMOZHY BHAGOM, ERUMELY SOUTH KARA, ERUMELY SOUTH VILLAGE, KOTTAYAM DISTRICT. 2. SUBAIDA, W/O.SULAIMAN, OLICKALTHAZHE HOUSE, RESIDING AT ERUMELY SOUTH KARA, ERUMELY SOUTH VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.C.S.MANILAL SRI.SABU S KALLARAMOOLA RESPONDENT/ APPELLANT/PLAINTIFF ------------------------------------------------------- ABBAS, S/O.NAGOORKHANI, PARAKKADAVIL, KARINKALLUMMOZHY KARA, ERUMELY SOUTH VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.P.A.MOHAMMED SHAH SRI.P.H.SHAJAHAN THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 07/07/2008, ALONG WITH FAO NO. 234 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: FAO. NO.232/2007 ORDER ON I.A. NO.2857/2007 IN FAO. NO.232/2007. DISMISSED. 07/07/2008 SD/- M.N.KRISHNAN, JUDGE // TRUE COPY // Rs/ M.N.KRISHNAN, J ===================== FAO Nos.232 & 234 OF 2007 ===================== Dated this the 7th day of July 2008 JUDGMENT These appeals are preferred against the judgment in A.S.No.92 of 2003 and A.S.No.89 of 2003 on the file of the Sub Court, Pala. The learned Sub Judge by a common judgment had set aside the judgment and decree passed by the trial court and has remanded the matter back to the trial court. There are discussions in the appellate judgment, but towards the last, the learned appellate Judge has stated as follows: “The counsel for the appellants as well as respondents would contend that they may be given a chance to establish the identity of the properties and for that purpose the matter may be remanded to the lower court. Upon considering the mistakes in Ext.C4 plan, I am of the view that an opportunity can be given to the parties to establish their claim over their respective properties”. It may appear that at the stage of conclusion it has acted upon representation on the prayer for a remand. Learned counsel for the appellant would submit that such concession has not been made at all. It is a well settled proposition now that when a concession is said to be made before the FAOs 232 & 234/97 -:2:- court, the appellate court cannot sit over that to find out whether such a concession has been given or not. It is for the parties to apply before that court by way of review contending that such a concession was not made. 2. So an opportunity is given to the appellants herein to file such a review application and with that observations these FAOs are closed. In case such a concession is found to be not made, the court may hear the matter affording an opportunity to both sides and pass a fresh judgment in accordance with law. The delay that may be occasioned for filing the review is on account of the pendency of the FAOs before this Court and that may be considered sympathetically by the court below. M.N.KRISHNAN, JUDGE Cdp/-