K.Prakash v. Prasanna
Case brief
What is this about?
In a writ petition challenging an order requiring the production of an original will, the High Court of Kerala held that the original document must be produced from safe custody by the District Court for evidence in the underlying suit.
What did the court decide?
The writ petition was allowed to direct the production of the original will by the District Court in the underlying O.P.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN
FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930
WP(C).No. 27878 of 2008(R)
-------------------------------------------IN IA 1679/07 IN OS.811/2000 of PRL.SUB COURT,THRISSUR
PETITIONER:
K.PRAKASH, S/O.SREEDEVI AMMA, RATNA VIHAR, PUTHUSSERI DESAM, CHERUTHURUTHY, THRISSUR DISTRICT.
BY ADV. SRI.M.P.ASHOK KUMAR
RESPONDENTS:
- PRASANNA, W/O.MADHAVAN, NIRVRUTHI, OLAVAKKODE DESOM, VILLAGE, PALAKKAD TALUK.
- RATNAKUMARI, W/O.KRISHNARAJ AND D/O.CHENNALATH GOVINDAN NAIR, RESIDING AT RAJEEVAM, NEAR CHINMAYA BALABHAVAN, THALIPPU VILLAGE, DESAM, KANNUR TALUK.
Issues for consideration
2 issues framed by the court
Whether the petitioner should produce the original will for evidence in the underlying O.S.
Whether the court below's order for a certified copy suffices for this purpose.
Parties & counsel
- petitioner
K. PRAKASH
- respondent
PRASANNA
- respondent
RATNAKUMARI
- respondent
PRABHAVATHY
- respondent
PRADEEP
- respondent
Case details
As recorded by the court registry
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