Mani vs Philipose and Others

Thottathil B. Radhakrishnan, J.—This appeal is against an order of remand passed in an appeal u/s 96 of the Code of Civil Procedure. That is an appellate order. An appeal from an appellate order fails among the enumerated powers of Single Judge in terms of Section 3 of the Kerala High Court Act, 1958 - see Section 3(13) (e) of that Act. Therefore, though, as noted in Mary Vs. Pappu, , the Division Bench may have the power to hear any matter in respect of which the powers of High Court can be exercised by a Single Judge, that would not be a routine affair and such appeals have to be listed, normally, before the learned Single Judge dealing with civil appeals in terms of roster.

The Registry will note the aforesaid for future guidance also. This confusion can be avoided if the nomenclature of appeals against remand orders gets an appropriate identity; it could be FAO (RO) or some other appropriate version.

List this matter before the learned Single Judge hearing Civil Appeals as per roster.

This order will gain attention of the Registrar (Judicial).