Disposed

V.Saraswathy Amma v. v.Sasikuamr

Kerala HC6 Jun 2011FAO/150/2011

Case brief

AI extract

What is this about?

The High Court disposed of an appeal against an injunction restraining an 84-year-old mother from transferring properties. While acknowledging merits, the Court directed the lower court to prioritize the suit for trial before October 2011.

What did the court decide?

Order directing the court below to take up the suit for trial on an out of turn basis and dispose of it before the end of October 2011.

V.Saraswathy Amma Vs v.Sasikuamr — Property and Title | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN

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MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933

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FAO.No. 150 of 2011

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---------------------------[AGAINST THE ORDER IN I.A. NO.2680/10 IN OS.NO.558/2010 OF PRINCIPAL SUB COURT, PALAKKAD]

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APPELLANT/1ST RESPONDENT/1ST DEFENDANT:

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------------------------------------------------------------------------

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V.SARASWATHY AMMA, RESIDING IN SOWPARNIKA GARDEN, PANAYAMCHIRA, MANJALOOR POST, ALATHUR TALUK, PALAKKAD DISTRICT.

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BY ADVS. SMT.PRABHA R.MENON, SRI.M.KRISHNAKUMAR.

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RESPONDENTS/PETITIONERS & 2ND RESPONDENT/PLAINTIFFS & 2ND DEFENDANT:

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-------------------------------------------------------------------------------------------------------------------------

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1. V.SASIKUMAR, AGED 50 YEARS, S/O.SARASWATHY.V., RESIDING AT BABY NIVAS, KIZHAKKETHARA, KUNISSERY, ALATHUR TALUK, PALAKKAD DISTRICT – 678 001.

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2. V.SANKARANARAYANAN ALIAS UNNI, AGED 45 YEARS, S/O.SARASWATHY.V., RESIDING AT BABY NIVAS, KIZHAKKETHARA, KUNISSERY, ALATHUR TALUK, PALAKKAD DISTRICT – 678 001.

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3. V.MALATHY ALIAS BABY, AGED 47 YEARS, W/O.RAGHUNANDANA MENON, SOWPARNIKA GARDEN, PANAYAMCHIRA, MANJALOOR POST, ALATHUR TALUK, PALAKKAD DISTRICT – 678 001.

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THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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prv.

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THOTTATHIL B.RADHAKRISHNAN &

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S.S.SATHEESACHANDRAN, JJ.

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F.A.O.No.150 OF 2011

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Dated this the 6^th day of June, 2011

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JUDGMENT

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Thottathil B.Radhakrishnan,J.

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This is an unfortunate litigation where an elderly mother of 84 years of age is before us with this appeal against an order of injunction obtained by her sons restraining her from transferring properties, which she claims are her absolute properties. We have looked into the merits of the rival contentions. Either way, any finding by this Court in an appeal would only impair a complete trial by the court below on the contentious issues. In fact, the court below has made certain observations in the impugned order. The quality and content of the right that the appellant got under the documents in her favour may be a matter for consideration. Therefore, having regard to the totality of the facts and circumstances, we direct the court below to take up the suit

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FAO.150/11

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for trial on an out of turn basis and make an endeavour to dispose it off before the civil court closes for the Onam holidays or, at any rate, before the end of October, 2011. This shall be done untrammelled by anything stated in the impugned order and after giving the parties appropriate opportunity of being heard in accordance with law. The FAO is ordered accordingly.

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Sd/THOTTATHIL B.RADHAKRISHNAN, Judge.

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S.S.SATHEESACHANDRAN, Judge.

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kkb.6/6.

V.Saraswathy Amma v. v.Sasikuamr

Case brief

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V.Saraswathy Amma v. v.Sasikuamr

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