Haridasan v. Narayanankutty
Case brief
What is this about?
In a Regular First Appeal regarding a partition suit, the High Court allowed the appeal in part. The court held that the plaintiff is entitled to a right over mixed family property but remanded the matter to the trial court to adjudicate his specific share and the devolution of the mother's interest, as defendants' dates of birth were not proven.
What did the court decide?
Trial court judgment and decree set aside. Matter remanded to the trial court for fresh disposal of plaintiff's share and devolution of mother's interest.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 4TH DAY OF JULY 2022 / 13TH ASHADHA, 1944
RFA NO. 222 OF 2007
AGAINST THE JUDGMENT AND DECREE DATED 05.12.2006 IN O.S.NO. 106/2001 OF SUB COURT, OTTAPPALAM
APPELLANT/PLAINTIFF:
HARIDASAN
S/O ILLAKKOTTIL DECEASED SANKARA GUPTHAN,THACHANPARA AMSOM AND DESOM IN MANNARKKAD TALUK.
BY ADVS. SRI.T.C.MOHANDAS SMT.S.CHITHRA SRI.T.M.SUNIL SRI.G.SREEKUMAR (CHELUR) SRI.GEORGE KURUVILLA(ALAPPUZHA)
RESPONDENTS/DEFENDANTS 2 TO 7:
Issues for consideration
3 issues framed by the court
Whether the claim for 1/5th share based on Hindu Mitakshara law constitutes a permissible variation of the original suit pleadings.
Whether the share of the plaintiff over the family property can be adjudicated in the absence of proved date of birth of defendants 6 and 7.
Whether the trial court decree should be set aside to allow fresh disposal regarding the plaintiff's share and mutation of mother's interest.
Parties & counsel
- appellant
Haridasan
- respondent
Nayaranan Kutty
- respondent
Baskaran
- respondent
Jayadevan
- respondent
Sreemathi
- respondent
Case details
As recorded by the court registry
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