Gopalakrishnan v. v.Ponnappan
Case brief
What is this about?
Appeal against remand order; court held remand not permissible under CPC Order 23/23A when evidence suffices; commissioner report remittal impermissible; appellant's appeal allowed.
What did the court decide?
Impugned remand order set aside; first appellate court direct to hear appeal within three months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
FAO (RO) NO. 14 OF 2021
(AGAINST THE JUDGMENT & DECREE IN AS 83/2016 DATED 15/01/2021 OF SUB COURT, CHERTHALA, ALAPPUZHA ARISING FROM THE JUDGMENT IN
O.S.NO.338/2012 DATED 30/07/2016 OF THE ADDITIONAL MUNSIFF COURT,
CHERTHALA)
APPELLANT/RESPONDENT 1 & 2/DEFENDANT 1 & 2:
1 GOPALAKRISHNAN AGED 71 YEARS S/O VELAYUDHAN,PURATHAMKULANGARA, VAYALAR MURI,VAYALAR EAST VILLAGE, CHERTHALA,ALAPPUZHA-688536. 2 PRADEEP KUMAR, AGED 43 YEARS S/O GOPALAKRISHNAN,PURATHAMKULANGARA, VAYALAR MURI,VAYALAR EAST VILLAGE, CHERTHALA,ALAPPUZHA-688536. BY ADVS. J.OM PRAKASH SRI.T.G.SUNIL (PRANAVAM) SRI.C.X.ANTONY BENEDICT SHRI.T.S.BHARATH KRISHNA SHRI.ADHEEP VIJAY SHRI.EMMANUAL SANJU
Parties & counsel
- appellant
Gopalakrishnan
- appellant
Pradeep Kumar
- respondent
V. Ponnapan
- respondent
Narayanan Kutty
- respondent
V. Viswanathan
- respondent
Case details
As recorded by the court registry
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