M.K.Marattukalm @ Mathew v. Ammini Davis
Case brief
What is this about?
The Court observed that the lower court did not refer to a modified preliminary decree in the final decree. It remitted the matter to the lower court to reconsider after addressing the objection and hearing parties, dispensing with notice to respondents.
What did the court decide?
Remitted back to the lower court to reconsider and reschedule the hearing after addressing the objections regarding the modified preliminary decree.
What the court decided
A compact analysis
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 A.MUHAMED MUSTAQUE
WEDNESDAY, THE 11TH DAY OF JANUARY 2017/21ST POUSHA, 19382017
OP(C).No. 92 of 2017 (O)
------------------------I.A.NO.1793/2014 IN OS.NO.206/1986 OF PRINCIPAL SUB COURT, KOTTAYAM
PETITIONER :
M.K.MARATTUKALM @ MATHEW, AGED 68 YEARS, S/O LATE KUNCHERAIA,T. MARATTUKALAM, MANAGING DIRECTOR OF MARATT RUBBER LTD, BANNARGHATTA ROAD, BANGALORE-560 076
BY ADV. SRI.RAJEEV V.KURUP
RESPONDENT(S):
1. AMMINI DAVIS, AGED 73 YEARS, D/O LATE KUNCHERAIA T. MARATUKALAM, MAMPALLY HOUSE, THRIRUMUDIKKUNU, KORATTY EAST, THRISSUR-680 613
Issues for consideration
3 issues framed by the court
Whether the preliminary decree passed earlier was modified as per Ext.P2 judgment before the final decree was executed.
Whether the lower court should reconsider the matter after addressing the petitioner's objection regarding the modification.
Whether the opposing counsel of the lower court should advise on the execution of the decree after modification.
Parties & counsel
- petitioner
M.K.Marattukalm @ Mathew
- respondent
Amini Davis
- respondent
T.K. Marattukulam @ Thomas
- respondent
J.K Marattukulam @ Joy
- respondent
K.K. Marattukulam @ Kuncheria
- respondent
Case details
As recorded by the court registry
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