Allowed
Jayaprakash v. Mary Dayil
Kerala HCRP/885/2021
Case brief
AI extract
What is this about?
In a review petition arising from a will dispute where a material defect regarding the testator's signature was not previously noticed, the Court allowed the review petition and recalled the earlier judgment.
What did the court decide?
Review petition allowed; judgment recalled for fresh hearing.
What the court decided
AI extract
¶1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
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PRESENT
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THE HONOURABLE MR. JUSTICE P.SOMARAJAN
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FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
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RP NO. 885 OF 2021
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AGAINST THE JUDGMENT IN Ex.FA 1/2020 OF HIGH COURT OF KERALA
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REVIEW PETITIONER/RESPONDENT/DECREE HOLDER/PLAINTIFF:
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JAYAPRAKASH
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AGED 52,S/O.SANKARAN,
RESIDING IN THE ADDRESS PERUMPILLY HOUSE,
KALLUR, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT -680 317.
BY ADV G.SREEKUMAR (CHELUR)
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RESPONDENTS/PETITIONER/RESPONDENTS 2 AND 3/CLAIM PETLITIONER,
JUDGMENT DEBTOR, CREDITOR/DEFENDANTS:
¶11
MARY DAYIL
Issues for consideration
1 issue framed by the court
AI extract
Whether the failure to bring forth a material defect regarding the testator's signature in the Will constitutes grounds for recalling an earlier judgment.
Parties & counsel
AI extract
- respondent
MARY DAYIL
Coram
AI extract
P.SOMARAJAN
Case details
As recorded by the court registry
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