ORDER : 1. Leave granted. 2. Feeling aggrieved with the impugned judgment and order passed by the High Court of Kerala at Ernakulam passed in RFA No. 550/2005 by which the High Court has dismissed the said appeal in a most cursory manner and that too without even framing the points for determination, the original appellant has preferred the present appeal. 3. While issuing the notice, this Court passed the following order on 14.10.2022:- “Learned counsel for the petitioners has vehemently submitted that the manner in which the High Court has disposed of the First Appeal is unsustainable. It is submitted that, no points for determination as required under Order 41 Rule 31 has been framed by the High Court and the High Court has disposed of the First Appeal in a summary manner. Issue notice to consider why the matter be not remitted to the High Court for fresh decision, returnable on 28.11.2022. Dasti, in addition, is permitted. In the meantime, parties are directed to maintain status quo, as on today”. 4. Having heard the learned counsel for the respective parties and having gone through the impugned judgment and order passed by the High Court and taking into consideration Order XLI Rule 31 CPC and the decisions of this Court in the case of Malluru Mallappa vs. Kuruyathappa, reported in (2020) 4 SCC 313 and the manner in which the High Court has disposed of the First Appeal, the impugned judgment and order passed by the High Court dismissing the appeal is unsustainable. The High Court ought not to have dismissed the appeal, as observed and held by this Court in catena of judgments and even as required under Order XLI Rule 31 CPC without framing the points for determination. While disposing the First Appeal, the Court is required to frame the points for determination, which the High Court has failed to determine and frame in the present case. 5. On the aforesaid ground alone, the impugned judgment and order passed by the High Court dismissing the First Appeal deserves to be quashed and set aside. 6. In view of the above and for the reasons stated, the present appeal succeeds, the impugned judgment and order passed by the High Court is hereby quashed and set aside . 5. On the aforesaid ground alone, the impugned judgment and order passed by the High Court dismissing the First Appeal deserves to be quashed and set aside. 6. In view of the above and for the reasons stated, the present appeal succeeds, the impugned judgment and order passed by the High Court is hereby quashed and set aside . The matter is remanded to the High Court to decide the First Appeal afresh in accordance with law and on its own merits after framing the points for determination as required under Order XLI Rule 31 CPC. 7. It is observed that we have not expressed anything on merits involved and it is ultimately for the High Court to consider, decide and dispose of the appeal in accordance with law and on its own merits. However, after framing the points for determination as stated hereinabove. Considering the fact that the First appeal before the High Court is of the year 2005, we request the High Court to finally decide and dispose of the appeal within a period of 12 months from the date of receipt of the present order. 8. The appeal is, accordingly, allowed to the extent indicated above with no order as to costs.