Sajitha v. Leela
Case brief
What is this about?
The High Court of Kerala disposed of an original petition challenging the dismissal of an application for a supplementary preliminary decree in a partition suit, observing that the remedy is review since the transaction occurred before the preliminary decree.
What did the court decide?
Petitioner's original petition for succession to supplementary preliminary decree is disposed of. No application for supplementary decree can be maintained.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 5TH DAY OF JANUARY 2016/15TH POUSHA, 1937
OP(C).No. 5 of 2016 (O)
AGAINST THE JUDGMENT IN OS 23/2008 of MUNSIFF COURT,CHAVAKKAD DATED 27-01-2013 PETITIONER(S):
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SAJITHA AGED 40 YEARS D/O MALIYEKKAL ABDU, THRITHALLUR P.O. VATANAPPALLY VILLAGE & DESOM, CHAVAKKAD TALUK.
BY ADV. SRI.V.C.MADHAVANKUTTY
RESPONDENT(S):
1. LEELA, AGED 64 YEARS S/O KUNDUVELAI, VATANAPPALLI VILLAGE, THRITHALLURDESOM CHAVAKKAD TALUK-680 001.
2. PUSHPANGATHAN S/O GUNDUVELAI, VATANAPPALLI VILLAGE, THRITHALLURDESOM CHAVAKKAD TALUK-680 001.
Issues for consideration
1 issue framed by the court
Whether an application for supplementary preliminary decree is maintainable for a transaction that took place before the passing of the preliminary decree.
Parties & counsel
- petitioner
SAJITHA
- respondent
LEELA
- respondent
PUSHPANGATHAN
- respondent
MOHANDAS
- respondent
LEELA
- respondent
Case details
As recorded by the court registry
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