K.Prema v. Arjun
Case brief
What is this about?
Petitioner sought stay of partition suit under Section 10 CPC citing a pending appeal on Will validity. Single Judge dismissed writ, holding other respondents to first suit were not parties and prior suit did not bar current claim.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930
WP(C).No. 5174 of 2008(N)
PETITIONER:
K.PREMA, W/O.LATE VIJAYAN, RESIDING AT THUNDATHIL HOUSE, ISHTIKAKALAM, KALADI ROAD, DESOM POST, ALUVA.
BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.)
RESPONDENTS:
- ARJUN, S/O.C.V.AJAYAKUMAR, MINOR AGED 12 YEARS, RESIDING AT SREEVALSAM, KARIPPODE, CHITTUR TALUK, PALAKKAD DISTRICT, REPRESENTED BY HIS NEXT FRIEND AND MATERNAL GRANDFATHER R.PANGUNNI, S/O.RAMAN, SREERAM NIVAS, SELVI NAGAR, VADAKKANTHARA, PALAKKAD.
Issues for consideration
2 issues framed by the court
Whether the trial court should have stayed the partition suit pending disposal of a related appeal under Section 10 CPC.
Whether the decision in a prior suit involving different parties would preclude the current respondents from claiming rights based on a register Will.
Parties & counsel
- petitioner
K. Prema
- respondent
Arjun
- respondent
Gowtham
- respondent
Vijayalakshmi
- respondent
C.V. Subhashini
- respondent
Case details
As recorded by the court registry
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