Subina v. M. Vasantha
Case brief
What is this about?
The Court held that clubbing three of four equal partition shares and denying separate means of access violates the preliminary decree. The trial court order was set aside, and the matter is remanded for fresh disposal by issuing a commission.
What did the court decide?
Trial court order set aside; matter remanded for fresh disposal by issuing a commission; parties to appear on 20/10/2021.
What the court decided
RFA NO.17 OF 2019
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
RFA NO. 17 OF 2019
AGAINST THE ORDER FDIA NO.1107/2017 IN OS 110/2015 OF I-ADDITIONAL SUB COURT, KOZHIKODE, KOZHIKODE
APPELLANTS/RESOPONDENTS IN FDIA/DEFENDANTS IN SUIT:
1 SUBINA AGED 39 YEARS D/O.LATE SASIDHARAN NAIR, RESIDING AT ALENCHERY VEEDU, KARAPARAMBU P.O, VENGERI AMSOM DESOM, KOZHIKODE TALUK. KOZHIKODE 673010.
2 SUJINA AGED 36 YEARS D/O. LATE SASIDHARAN NAIR, RESIDING AT ALENCHERY VEEDU, KARAPARAMBU PO, VENGERI AMSOM DESOM, KOZHIKODE TALUK. KOZHIKODE 673010.
Issues for consideration
3 issues framed by the court
Whether a final decree partitioning property into equal shares is valid when three shares are clubbed and denied separate means of access.
Whether the trial court erred in failing to provide separate means of access to each of the four equal shares of partitioned property.
Whether the appeal against the partition decree should be allowed to remand the matter for fresh consideration by a commission.
Parties & counsel
- appellant
SUBINA
- appellant
SUJINA
- appellant
SUMITHA
- respondent
M. VASANTHA
Coram
Case details
As recorded by the court registry
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