Bushara v. Saritha
Case brief
What is this about?
In an appeal against refusal of temporary injunction in a specific performance suit involving a mentally challenged person, the High Court upheld the grant of injunction restricting transfer of interest pending suit disposal.
What did the court decide?
Injunction restraining transfer of interest of mentally challenged person granted; respondents undertake not to alienate suit property.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937
FAO.No. 5 of 2015 ()
APPELLANT(S):
1. BUSHARA, AGED 32 YEARS W/O.KULANGARA VEETTIL ABDUL KHADER, ENKAKAD VILLAGE AND DESOM, THALAPPILLY TALUK THRISSUR DISTRICT.
2. SINDHU AGED 32 YEARS W/O.PALISSERY MADHU, ENKAKAD VILLAGE AND DESOM THALAPPILLY TALUK, THRISSUR DISTRICT.
BY ADVS.SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA
RESPONDENT(S)/RESPONDENTS/DEFENDANTS:
Issues for consideration
2 issues framed by the court
Whether to maintain a temporary injunction restraining alienation of suit property belonging partly to a mentally challenged person.
Whether respondents can undertake not to alienate property pending disposal of the suit.
Parties & counsel
- appellant
Bushara
- appellant
Sindhu
- respondent
Saritha
- respondent
Sajitha
- respondent
Damodharan Ezhuthachan
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court