Ayisha v. Mohammed
Case brief
What is this about?
Appeal against an appellate order remanding a partition suit. The High Court held that no interference was required as the remand to verify individual rights regarding an alienation was appropriate after a decade, and the appeal failed.
What did the court decide?
The appeal fails. The trial court is directed to dispose of the matter before the Christmas vacation, 2022.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 30TH DAY OF MAY 2022 / 9TH JYAISHTA, 1944
FAO (RO) NO. 336 OF 2012
AGAINST THE JUDGMENT DATED 13-4-2012 IN AS 333/2008 OF
ADDITIONAL DISTRICT COURT, OTTAPALAM.
AGAINST THE ORDER DATED 31-3-2008 PASSED IN I.A NO.1601/2001 IN O.S NO.100/95 ON THE FILE OF SUBORDINATE JUDGE'S COURT,
OTTAPPALAM.
APPELLANTS/RESPONDENTS 1 TO 7/APPLICANT &
RESPONDENTS 2 TO 7 :
Issues for consideration
2 issues framed by the court
Whether the appellate court should reconsider the validity of an earlier alienation of property on remand given the passage of ten years.
Whether the remand order directing verification of individual rights deserves interference.
Parties & counsel
- appellant
Aisha & Others
- respondent
Mohammed & Others
Coram
P. Somarajan
Case details
As recorded by the court registry
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