Sheela v. Shibu
Case brief
What is this about?
Appeal against final decree in partition suit between siblings. Plaintiff could not claim share in a built-up building. Final decree partitioned the land, allotting portion with sheds to appellant. Court found no infirmity in final decree.
What did the court decide?
Appeal dismissed. No order for costs.
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
TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937
RFA.No. 546 of 2014 () ----------------------AGAINST THE JUDGMENT IN OS 142/2008 of SUB COURT, KOCHI DATED 12.01.2010 AND FINAL DECREE DATED 07.12.2012 IN FDA No.1143/2010
APPELLANT/ADDITIONAL 2ND PETITIONR/NOT A PARTY:
SHEELA AGED 43 YEARS W/O. LATE MR. BAIJU, PAYEKKADU VEEDU, VACHAKKAL EDAVANAKKAD KARA, EDAVANAKKAD VILLAGE, ERNAKULAM.
BY ADVS.SRI.K.CHANDRACHOODAN (ERNAKULAM)
SRI.INNOCENT FRANCIS PAPALI SRI.BOBBYMATHEW KOOTHATTUKULAM
RESPONDENT/RESPONDENT/PLAINTIFF:
SHIBU AGED 51 YEARS S/O. LATE MR. DEVASSYKUTTY, PAYEKKADU VEEDU, VACHAKKAL EDAVANAKKAD KARA, EDAVANAKKAD VILLAGE ERNAKULAM-682502.
Issues for consideration
3 issues framed by the court
Whether the final decree in partition proceedings is contrary to the preliminary decree by failing to partition the sheds.
Whether the final decree proceedings were legally infirm or affected the legal rights of the appellant.
Whether the appeal challenging the final decree in a partition suit should be allowed.
Parties & counsel
- appellant
Sheela
- respondent
Shibu
Coram
Thottathil B. Radhakrishnan
Case details
As recorded by the court registry
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