Ponnayyan v. Stellas
Case brief
What is this about?
Appeal against a judgment remanding a property suit for fresh decision. The High Court set aside specific findings against appellants regarding their defenses but confirmed the order of remand.
What did the court decide?
Findings of lower appellate court against appellants' defenses set aside; order of remand confirmed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2013/20TH BHADRA, 1935
FAO.No. 317 of 2011 ( )
AGAINST THE JUDGMENT IN AS 486/2010 of ADDL.DISTRICT COURT-1, TRIVANDRUM DTD 28-3-2011
AGAINST THE JUDGMENT IN OS 819/2004 of II ADDL.MUNSIFF COURT,NEYYATTINKARA DTD 21-8-2006
APPELLANT(S)/RESPONDENTS/DEFENDANTS:
- PONNAYYAN, S/O.SEBATIAN, SREEVALSAM VEEDU, AMBALATHUMOOLA, CHOWARA P.O. KOTTUKAL, DESOM, KOTTUKAL VILLAGE THIRUVANANTHAPURAM.
- ROSE MARY, W/O.PONNAYYAN, SREEVALSAM VEEDU, AMBALATHUMOOLA, CHOWARA P.O. KOTTUKAL, DESOM, KOTTUKAL VILLAGE THIRUVANANTHAPURAM.
BY ADVS.SRI.G.P. SHINOD SRI.RAM MOHAN.G. SRI.MANU V.
RESPONDENT(S)/RESPONDENT/DEFENDANT:
Issues for consideration
2 issues framed by the court
Whether the lower appellate court was correct in remitting the case to the trial court for a fresh decision?
Whether findings made against the appellants regarding their available defenses should be set aside?
Parties & counsel
- appellant
PONNAYYAN
- appellant
ROSE MARY
- respondent
STELLAS
Coram
Case details
As recorded by the court registry
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