Rajan v. Sunitha
Case brief
What is this about?
The Court allowed the original petition. It set aside the Family Court’s order posting the main civil suit for hearing, directing the lower court to permit additional witness examination pursuant to an allowed interim application.
What did the court decide?
Set aside order for hearing; permitted to examine witnesses via allowed interim application; matter expedited.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE &
THE HON'BLE MR. JUSTICE P.D.RAJAN
TUESDAY, THE 19TH DAY OF FEBRUARY 2013/30TH MAGHA 1934
OP (FC).No. 564 of 2013 (R)
(I.A.1041/2012 IN O.P.242/2010 OF FAMILY COURT, ALAPPUZHA)
PETITIONER(S)/PETITIONERS:
1. RAJAN, AGED 67 YEARS RAGHU BHAVANAM, GRAMAM MURI, ENNAKKAD VILLAGE.
2. DEVAKI, W/O SSINDHARAN, RAGHU BHAVANAM, GRAMAM MURI ENNAKKAD VILLAGE.
3. SASIDHARAN, RAGHU BHAVANAM, GRAMAM MURI, ENNAKKAD VILLAGE.
Issues for consideration
2 issues framed by the court
Whether the Family Court posting the main petition for hearing after allowing an interim application permitting additional witness examination is maintainable.
Whether the petitioners are entitled to recall the order of the Family Court reposting the case for hearing and examine additional witnesses.
Parties & counsel
- petitioner
RAJAN
- petitioner
DEVAKI
- petitioner
SASIDHARAN
- respondent
SUNITHA
Coram
Case details
As recorded by the court registry
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