Saheer v. Asmabi
Case brief
What is this about?
The High Court, Ernakulam, dismissed a petition seeking condonation of a 540-day delay in filing a matrimonial appeal against a Family Court order dismissing an application to set aside an ex parte decree for property partition.
What did the court decide?
Petition for condonation of delay dismissed; Matrimonial Appeal rejected as barred by limitation.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932
Mat.Appeal.No. 755 of 2010(F) -----------------------------------------[I.A. NO. 6010/2008 IN OP.NO.1628/2007 OF FAMILY COURT,THRISSUR]
APPELLANT/PETITIONER IN THE I.A:
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SAHEER, S/O.PANIKKAVEETTIL ABDUL AZEEZ, NATTIKA VILLAGE AND DESOM, CHAVAKKAD TALUK.
BY ADV. SRI.K.I.SAGEER IBRAHIM.
RESPONDENT/RESPONDENT IN THE I.A:
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ASMABI, D/O.MUSLIMVEETTIL MUHAMMADALI, POTTUCHIRA DESOM, KARUVANNUR, CHERPU VILLAGE, THRISSUR TALUK, PIN – 680 001.
BY ADV. SRI.T.KURIAKOSE PETER.
Issues for consideration
2 issues framed by the court
Whether the delay of 540 days in filing a matrimonial appeal deserves condonation.
Whether the dismissal of an application to set aside an ex parte order in a partition suit results in miscarriage of justice.
Parties & counsel
- appellant
SAHEER
- respondent
ASMABI
Coram
R.BASANT
Case details
As recorded by the court registry
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