Rajesh v. Sheeba
Case brief
What is this about?
Matrimonial Appeal against Family Court order in an Opposing Property suit. Court set aside dismissal of application to set aside ex-parte decree, quashed final ex-parte decree, and remanded case for fresh hearing.
What did the court decide?
Application to set aside ex-parte decree allowed; Ex-parte decree quashed; Case remanded for fresh hearing with instruction to file counter statement within 45 days.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
TUESDAY, THE 10TH DAY OF JULY 2012/19TH ASHADHA 1934 Mat.Appeal.No. 100 of 2012 () ----------------------------IA.NO.7753/2010 IN OP.468/2010 of FAMILY COURT,THRISSUR
APPELLANT/RESPONDENT:
RAJESH, AGED 38 YEARS S/O. SANKARANARAYANAN, ANDEZHATH HOUSE PERINGOTTUKARA VILLAGE DESOM, THRISSUR.
BY ADVS.SRI.S.U.NAZAR SRI.MANSOOR.B.H.
RESPONDENT/PETITIONER:
SHEEBA D/O. SANKARANARAYANAN, MANTHURUTHY HOUSE, ALA DESOM SREENARAYANAPURAM VILLAGE, KODUNGALLUR TALUK THRISSUR DISTRICT-688 582.
BY ADV. SRI.M.B.PRAJITH
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 10-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Issues for consideration
2 issues framed by the court
Whether the application to set aside the ex-parte decree should be set aside to allow the appellant to contest the matter on merits.
Whether the respondent has claimed a vested right to the ex-parte decree.
Parties & counsel
- appellant
Rajesh
- respondent
Sheeba
Coram
K.T. Sankaran
Case details
As recorded by the court registry
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