Jayan v. Dileep
Case brief
What is this about?
The High Court held that a detailed evidence analysis is impermissible at an interlocutory stage under Article 227. It directed the lower court to dispose of the main suit before the summer recess, untrammelled by the impugned orders, and disposed of the appeal accordingly. subject
What did the court decide?
Direction to the Court of Munsiff to dispose of O.S No. 544/2009 on file before summer recess 2013 untrammelled by impugned orders.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
FRIDAY, THE 7TH DAY OF DECEMBER 2012/16TH AGRAHAYANA 1934
OP(C).No. 4196 of 2012 ()
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CMA.19/2010 of I ADDL.DISTRICT COURT,N.PARAVUR I.A. NO.2276/2009 IN OS.544/2009 of MUNSIFF COURT,N. PARAVUR
PETITIONER(S)/APPELLANTS:
1. JAYAN, S/O.SUBRAMANIAN, THOPPIL HOUSE, PARAVUTHARA PARAVUR VILLAGE
2. LALITHA JAYAN, W/O.JAYAN, THOPPIL HOUSE,PARAVUTHARA PARAVUR VILLAGE
BY ADVS.SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN
Issues for consideration
2 issues framed by the court
Whether an appellate court can analyze evidence at an interlocutory stage in a temporary injunction application.
What steps should the lower court take regarding the underlying O.S. No. 544/2009 while the appeal is pending?
Parties & counsel
- petitioner
JAYAN, S/O.SUBRAMANIAN
- petitioner
LALITHA JAYAN, W/O.JAYAN
- respondent
DILEEP, AGED 44 YEARS
Coram
Case details
As recorded by the court registry
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