Ayisu v. Nabeesa
Case brief
What is this about?
The High Court disposed of a first appeal settled between the appellants and respondents. The appellant was directed to pay an additional ₹1 lakh over the calculated decree amount. Upon payment and return of title deeds, the sale of property is to be set aside and court fees refunded partially.
What did the court decide?
Appellant to pay ₹16,66,127/-; title deeds returned; sale of property set aside; half court fee refunded to respondent.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 16TH DAY OF DECEMBER 2013/25TH AGRAHAYANA, 1935
RFA.No. 132 of 2013 ( )
AGAINST THE ORDER/JUDGMENT IN OS 451/1997 of PRL.SUB COURT,THRISSUR DATED 28-09-2006 APPELLANT(S):
AYISU
AGED 55 YEARS, WIFE OF THE LATE THENGIN KASMI ANDATHODU DESOM, EDAKKARA VILLAGE, CHAVAKKAD.
BY ADV. SRI.K.G.BALASUBRAMANIAN
RESPONDENT(S)/1:
- NABEESA AGED 50 YEARS, WIFE OF LATE SRI KANNATHEN VEERAVUNNI HAJI, BRAHMAKULAM DESOM ELAVALLY VILLAGE, CHAVAKKAD.
- THAHIRA, AGED ABOUT 35 YEARS DAUGHTER OF THE LATE THENGIN KASMI, AMDATHODU DESOM EDAKKARA VILLAGE, CHAVAKKAD.
Issues for consideration
3 issues framed by the court
Whether the appellant should pay an additional amount to satisfy the decree and secure the return of title deeds.
Whether the sale of the property should be set aside upon satisfaction of the decree.
Whether the court fee paid by the respondent can be refunded upon compromise.
Parties & counsel
- appellant
Ayisu
- respondent
Nabeesa
- respondent
Thahira
- respondent
Rukhiya
- respondent
Razia
- respondent
Case details
As recorded by the court registry
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