Allowed

P.Thamban Nair v. Meethale Veettil Madhavi

Kerala HC8 Oct 2012OP(C)/754/2012

Case brief

AI extract

What is this about?

In an appeal against an order dismissing an application for expert analysis of a disputed agreement of sale, the Court held that dismissal solely on grounds of delay was improper. The Court set aside the impugned order, allowed the application for expert analysis, and directed forwarding the agreement within a month.

What did the court decide?

Impugned order set aside; I.A. No.421/2012 allowed; suit agreement forwarded to expert within one month.

P.Thamban Nair Vs Meethale Veettil Madhavi — Specific Performance | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

¶4

MONDAY, THE 8TH DAY OF OCTOBER 2012/16TH ASWINA 1934

¶5

OP(C).No. 754 of 2012 (O) ------------------------.NO./ IN OS.244/2008 of MUNSIFF COURT, HOSDURG

¶6

PETITIONER(S):

¶7

P.THAMBAN NAIR, AGED 35 YEARS S/O.PERIYADAN NARAYANAN NAMBIAR, PONMALERI VEETTIL KOVVAL, V.V.NAGAR, CHERUVATHUR VILLAGE HOSDURG TALUK, KASARGOD DIST

¶8

BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI

¶9

RESPONDENT(S):

¶10

MEETHALE VEETTIL MADHAVI D/O.KOMAN, ACHIKOVVAL, PILICODE P.O. KASARGOD , KANNUR DISTRICT

¶11

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶12

OP(C).No. 754 of 2012 (O)

¶13

APPENDIX

¶14

PETITIONERS EXHIBITS

¶15

P1 COPY OF THE WRITTEN STATEMENT IN O.S NO.244/2008 OF MUNSIFF COURT, HOSDURG

¶16

P2 COPY OF ANSWER AFFIDAVIT DATED 6-8-2011 FILED BY THE RESPONDENT

¶17

P3 COPY OF THE ORDER OF the MUNSIFF COURT, HOSDURG IN I.A. NO.421/2012 IN O.S NO.244/2008 DATED 22-2-2012

¶18

RESPONDENTS EXHIBITS NIL

TRUE COPY

P.A TO JUDGE

SMM

V.CHITAMBARESH,J.

¶23

= = = = = = = = = = =

¶24

O.P.(C) No. 754 of 2012

¶25

= = = = = = = = = = = == = = = = Dated this the 8^th day of October, 2012

¶26

J U D G M E N T

¶27

The court below has by the order impugned dismissed the application put in by the plaintiff to forward the disputed document to an expert for analysis in a suit for specific performance of an agreement of sale. The application has been dismissed solely on the ground of delay and not on merits.

¶28

It is advisable to forward the document to an expert for analysis in view of the nature of the controversy involved. The specific contention of the petitioner/plaintiff is that the signature and the thumb impression found in the agreement is that of the defendant only. The agreement has however been disputed by the respondent/ defendant.

¶29

I set aside the impugned order and allow I.A No.421/2012 in O.S No.244/2008 on the file of the Court of the Munsiff of Hosdurg. The court below shall forward the suit agreement to an expert for analysis within a period of one month from the date of receipt of a copy of this judgment .

¶30

The Original Petition (Civil) is allowed.

¶31

V.CHITAMBARESH. JUDGE

smm

smm

P.Thamban Nair v. Meethale Veettil Madhavi

Case brief

What is this about?

What did the court decide?

P.Thamban Nair v. Meethale Veettil Madhavi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Retnamma Vs M/S.Mannam Sugar Mills Ltd.

Kanakavel Vs Pazhaniammal

State of Kerala Vs Mariamma

Vellayamattom Bhagavathy Vs M/S. Karikode Rubber Ltd.

Damodharan Nair Vs Banarji

Sasidharan Vs Divisional Manager LIC