Thampi, v. Jyothi
Case brief
What is this about?
Petitioners challenging an order refusing reference to scientific investigation of a disputed endorsement on an agreement for sale in a specific performance suit. The High Court declined immediate interference but reserved the right to grant reference post-evidence.
What did the court decide?
Original petition disposed of without immediate reference to scientific investigation, but right to seek expert reference reserved post-evidence.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY ,THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940
OP(C).No. 374 of 2019
AGAINST THE ORDER IN OS 151/2009 of SUB COURT,KOCHI
PETITIONERS:
- 1 THAMBI, S/O KUNJUNNI, MEPARAMBIL HOUSE, ELAMKUNNAPUZHA VILLAGE, KOCHI TALUK 682 511.
- 2 AYSHA,AGED 50 YEARS D/O KUNJUNNI, W/O RAJESH, C/O PRABHALA, THAYATTUPARAMBIL, NJARAKKAL 682 505.
- 3 GIRIJA, AGED 48 YEARS
D/O KUNJUNNI, W/O SASI, PULLOTHU HOUSE, CHERAI.
Issues for consideration
2 issues framed by the court
Whether the High Court should have interfered with the Sub Court order refusing to refer a disputed document endorsement to scientific investigation.
Whether the petitioners are entitled to seek a reference to experts after evidence concludes.
Parties & counsel
- petitioner
THAMBI, S/O KUNJUNNI
- petitioner
AYSHA, D/O KUNJUNNI
- petitioner
GIRIJA, D/O KUNJUNNI
- petitioner
MADHANAN, S/O KUNJUNNI
- petitioner
BABU, S/O KUNJUNNI
- petitioner
Case details
As recorded by the court registry
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