The High Court disposed of a Civil Original Petition challenging an order rejecting the appointment of a guardian and an expert for mental competency. The Court found the suit's maintainability doubtful and directed the trial court to decide maintainability first.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 27TH DAY OF JANUARY 2016/7TH MAGHA, 1937
OP(C).No. 1629 of 2015 (O)
OS 365/2012 of ADDL.MUNSIFF COURT, KOZHIKODE - I
PETITIONER/PETITIONER:-:
--------------------------------------
V.K.ABDUL SALAM, AGED 63 YEARS, S/O. ABDURAHIMANKUTTY, NADUVILAYIL HOUSE, NANMINDA AMSAM, DESAM, NANMINDA VILLAGE, KOZHIKODE DISTRICT, PIN - 673 613.
BY ADV. SRI.R.RAJESH(PULLIKADA)
RESPONDENTS/RESPONDENTS:-:
----------------------------------------------
1. NABEESA, AGED 64 YEARS, W/O. AMMED KOYA, THEKKEDATH HOUSE, NAMINDA AMSAMDESAM, POST-NANMINDA, KOZHIKODE - TALUK, KOZHIKODE DISTRICT - PIN - 673 613.
2. BUSHRA, AGED 47 YEARS, W/O. NEDUMAKKIL ABDUL SAMAD, KACHEET CHALIL HOUSE, OMASERY POST, KOZHIKODE TALUK, KOZHIKODE DISTRICT- PIN - 673 603.
3. IMBICHAYISA, AGED 69 YEARS,D/O. ABDURAHIMANKUTTY, THEKKEDATH HOUSE,NAMINDA AMSAM DESAM, POST NANMINDA, KOZHIKODE TALUK, KOZHIKODE DISTRICT (THROUGH HER SISTER AND GUARDIAN NABEESA AGED 64 YEARS, W/O.AMMED KOYA, THEKKEDATH HOUSE, NAMINDA AMSAM DESAM, POST NANMINDA, KOZHIKODE TALUK, KOZHIKODE DISTRICT), PIN - 673 613.
R1 TO R3 BY ADV. SMT.ROHINI V.MENON
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
OP(C).No. 1629 of 2015 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A.TO JUDGE
bp
K.ABRAHAM MATHEW, J.
=======================
O.P.(C) No.1629 of 2015
============================ Dated this the 27th day of January, 2016
JUDGMENT
appoint an expert to ascertain the competency of the third defendant. This also has been dismissed by Ext.P6 order. These orders are challenged.
O.P.(C) No.1629/2015
2
maintainability of the suit itself. Thereafter, if necessary, the Munsiff can reconsider the orders.
impugned orders.
Sd/-
K.ABRAHAM MATHEW , JUDGE
vdv/28/01/16
2 issues framed by the court
Whether the Original Petition challenging dismissal of guardian appointment and competency expert appointment is maintainable.
Whether the Munsiff should first consider the maintainability of the underlying Suit before revisiting the impugned orders.
1 provisions across 1 enactments
V.K.ABDUL SALAM
NABEESA
BUSHRA
IMBICHAYISA
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
