Sabana v. a.T.Syed
Case brief
What is this about?
Appeal in matrimonial suit challenging dismissal of petition to cancel sale deed. Bench affirmed Family Court's dismissal due to insufficient evidence regarding conversion of gold ornaments into property funds and noted binding nature of prior decree.
What did the court decide?
Family Court judgment dismissing appeal petitioner seeking cancellation of sale deed is affirmed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 20TH DAY OF JULY 2018 / 29TH ASHADHA, 1940
Mat.Appeal.No. 647 of 2012
AGAINST THE ORDER IN OP 549/2011 of FAMILY COURT,KOZHIKODE DATED 17-01-2012
APPELLANT/PETITIONER:
SABANA, AGED 32 YEARS, W/O SYED A.T., RESIDING AT SYED MANZIL, MUKHDHAR, NAGARAM AMSOM DESOM, KOZHIKODE TALUK.
BY ADVS.SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENTS/RESPONDENTS:
1. A.T.SYED S/O MOHAMMED, RESIDING AT PANTHAL HOUSE, MARAKKANKADAVU PARAMBA, MUGHADHAR, PO. KALLAI, NAGARAM AMSOM DESOM OF KOZHIKODE TALUK, KOZHIKODE-673 003.
Issues for consideration
3 issues framed by the court
Whether Family Court erred in dismissing petition for cancellation of sale deed due to lack of satisfactory evidence.
Whether gold ornaments sold by petitioner were utilized by husband for purchase of disputed property.
Whether findings in subsequent civil decree preclude re-agitation of property purchase source.
Parties & counsel
- appellant
SABANA
- respondent
A.T.SYED
- respondent
SUHARABI MP
Coram
Case details
As recorded by the court registry
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