Sebastian v. Selvaraj
Case brief
What is this about?
The High Court disposed of an appeal against an injunction order by directing the trial court to appoint a Court Receiver to manage the suit property, given its neglected state. The Writ Petition challenging the attachment was closed as infructuous.
What did the court decide?
Appellants' appeal disposed of; Respondent given six months to dispose of suit expeditiously. Writ Petition closed as infructuous.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 FAO.No. 325 of 2008() --------------------AGAINST THE ORDER DATED / / IN IN IA 1972/2007 IN OS.163/2007 of SUB COURT, OTTAPPALAM
APPELLANTS/RESPONDENTS/DEFENDANTS
- SEBASTIAN @ DEVASSYKUTTY, AGED 64 YEARS, PENSIONER, S/O.KUNCHACKO, PALLIPPADAM VEEDU, KANJOORKARAYIL KIZHAKKUMBHAGAM VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.
- P.C.CHACKO, S/O.KUNCHACKO, PALLIPPADAM VEEDU, KANJOORKARAYIL KIZHAKKUMBHAGAM, ALUVA TALUK, ERNAKULAM DISTRICT.
BY ADV. SRI.P.N.KRISHNANKUTTY ACHAN, SENIOR ADVOCATE SRI.K.MOHANAKANNAN
RESPONDENT(S): PETITIONER/PLAINTIFF
SELVARAJ, S/O.LATE PONNUSWAMY, KOTTATHARAYIL, NAIKKARUPADI, MANNARKKAD TALUK, PALAKKAD DISTRICT.
ADV. SRI.E.R.VENKATESWARAN
Issues for consideration
3 issues framed by the court
Whether income from subject property needs to be documented by either party.
Why a Court Receiver should be appointed to manage the neglected property pending suit disposal.
Whether the Writ Petition challenging attachment becomes infructuous due to Receiver's appointment.
Parties & counsel
- appellant
SEBASTIAN @ DEVASSYKUTTY & ORS.
- respondent
SELVARAJ
Coram
P.RAMAN
Case details
As recorded by the court registry
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