K.K.Kalyani v. Ayyappan
Case brief
What is this about?
The High Court of Kerala disposed of the civil revision petition against an order permitting deposit of money. The court held that since the genuineness of a will is challenged in a pending partition suit, the matter regarding discharge cannot be decided now and reserved for that suit.
What did the court decide?
Modified the order of the Court below to grant permission to deposit Rs. 9,000; other questions retained for the partition suit.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
MONDAY, THE 19TH NOVEMBER 2007 / 28TH KARTHIKA 1929 CRP.No. 858 of 2007(E) --------------------I.A. 3563/07 IN OP.1/2007 of III ADDL. M.C.,THRISSUR ....................
REVN. PETITIONER: RESPONDENTS 1,2 AND 4 TO 7
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1. K.K.KALYANI, W/O KAYAMATTU VEETTIL KRISHNANKUTTY, PADIPPARA DESOM, PEECHI VILLAGE, MUKUNDAPURAM TALUK.
2. PARU, W/O ARAMTHODI VEETTIL NARAYANAN, MANJAPRA PULINKUTTAM DESOM, KANNAMBARA VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT.
3. K.M.SAHADEVAN, S/O K.K.JANAKI, KANNARA CHEENIKADAVU DESOM, PEECHI VILLAGE, THRISSUR TALUK.
4. K.N.SREENIVASAN, S/O K.K.JANAKI, KANNARA CHEENIKADAVU DESOM, PEECHI VILLAGE, THRISSUR TALUK.
Issues for consideration
2 issues framed by the court
Whether permission to deposit amount in a suit challenging the genuineness of a Will amounts to discharge of the civil revision petition.
Whether the revision petition should be disposed of pending the outcome of the partition suit where the Will is challenged.
Parties & counsel
- petitioner
K.K. Kalyani
- petitioner
Paru
- respondent
K.N. Soman
- respondent
Ayyappan
Coram
Case details
As recorded by the court registry
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