Original petition filed challenging dismissal of interlocutory application seeking production of association documents to prove misrepresentation in sale deed execution. Court held records irrelevant to issue of misrepresentation.
None granted; original petition dismissed following dismissal of production application by trial court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 19TH DAY OF JANUARY 2016/29TH POUSHA, 1937
OP(C).No. 97 of 2016 (O)
------------------------(I.A.NO.1075/2015 IN O.S.NO.94/2009 OF SUB COURT, ALAPPUZHA)
PETITIONER :
BHASURENDRA BABU, S/O.KANDAN KUNJU,AGED 53 YEARS, MANIMALA NIKARTH, MANNANCHERRY VILLAGE, MANNANCHERRY P.O, ALAPPUZHA.
BY ADVS.SRIC.S.HEMALAL SRI.R.MURALEEKRISHNAN SMT.T.M.RESHMY
RESPONDENT(S):
1. THE MERCHANTS ASSOCIATION, KALAVOOR, REPRESENTED BY ITS PRESIDENT, MR. THANKAPPAN, S/O.NARAYANAN, THOM VEETTIL, MANNANCHERRY VILLAGE, MANNANCHERRY P.O, ALAPPUZHA -686 522
2. THE SECRETARY,
THE MERCHANT ASSOCIATION, MANOHARAN, S/O.KARUNAKARAN, SHAP PARAMBIL, KALAVOOR P.O, ALAPUZHA -688 522
R1 & R2 BY ADVS. SRI.T.JAYAKRISHNAN SRI.R.KRISHNAKUMAR (CHERTHALA)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 19-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(C).No. 97 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
K.ABRAHAM MATHEW, J.
=======================
O.P(C)No.97 of 2016
============================ Dated this the 19th day of January, 2016
JUDGMENT
Petitioner was treasurer of the first respondent Merchants
Association. On the basis of a power of attorney executed by him, one of its office bearers executed a sale deed in respect of petitioner's property in favour of the Merchants Association. The petitioner allegedly executed a promissory note and a consent letter in favour of the Merchants Association. The petitioner has filed a suit to declare that these documents were obtained under vitiating circumstances and they are not valid. He filed an application to direct the first respondent Merchants Association to produce the following documents.
This application has been dismissed by the trial court. Its
O.P.(C) No.97/2016
2
correctness is challenged.
O.P.(C) No.97/2016
3
Thankappan executed the sale deed mentioned above.
In the result, this original petition is dismissed.
Sd/K.ABRAHAM MATHEW , JUDGE
vdv/20/01/16
2 issues framed by the court
Whether the production of record books is necessary to prove misrepresentation pleaded in the plaint regarding the execution of documents.
Whether the trial court was correct in dismissing the petitioner's application for production of documents as irrelevant to the issue of misrepresentation.
Bhasurendra Babu
The Merchants Association, Kalavoor
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
