J.G.Sumam v. Vijayan
Case brief
What is this about?
The High Court set aside certain orders in an Original Suit regarding property disputes. It remitted a specific Invalidity Application to the Subordinate Judge for a fresh hearing on merits, ensuring a proper opportunity to contest. The original petition was disposed of.
What did the court decide?
Set aside orders dated 4.8.2011 and 23.11.2011; directed the Subordinate Judge to reconsider I.A. No. 829/2010 afresh on merits after hearing both parties within two months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
FRIDAY, THE 12TH DAY OF OCTOBER 2012/20TH ASWINA 1934
OP(C).No. 457 of 2012 (O)
OS.180/2008 of SUB COURT, NEDUMANGAD
PETITIONER(S):
J.G.SUMAM, AGED 52 YEARS D/O.JNANABAI,G.S.BHAVAN,MULAYARA CHERUCODE WARD,PERUMKULAM VILLAGE,NEDUMANGAD.
BY ADVS.SRI.V. SURESH
SRI.G. SUDHEER
RESPONDENT(S):
VIJAYAN
S/O.JOHNSON,BETHEL BHAVAN,URIYACODE KONNIYOOR MURI,PERUMKULAM VILLAGE,PIN-695001.
Issues for consideration
2 issues framed by the court
Whether an original petition should be dismissed simpliciter due to the setting aside of lower court orders.
Whether the Subordinate Judge was obligated to reconsider the Invalidity Application on merits after the higher court's observation regarding procedural lapse.
Parties & counsel
- petitioner
J.G. Sumam
- respondent
Vijayan
Coram
V. Chitambaresh
Case details
As recorded by the court registry
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