Sreedevi v. Sakunthala
Case brief
What is this about?
Appeal by daughters against first appellate court decree which nonsuited them regarding property identity. High Court allowed appeal setting aside the decree, accepting a surveyor's plan over an interim report.
What did the court decide?
Appeal allowed; judgment and decree of first appellate court set aside; permanent injunction granted against trespass on plaintiffs' property shares.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
THURSDAY, THE 4TH DAY OF AUGUST 2022 / 13TH SRAVANA, 1944
RSA NO. 404 OF 2014
AGAINST THE JUDGMENT AND DECREE DATED 30.11.2013 IN A.S. 25/2007 OF SUB COURT, CHERTHALA, WHICH IS ONE CHALLENGING THE JUDGMENT AND DECREE DATED 12.04.2006 IN OS 1091/1997 OF PRINCIPAL MUNSIFF
COURT, CHERTHALA.
APPELLANTS/RESPONDENTS/PLAINTIFFS:
- 1 SREEDEVI,PERINGARAYIL,
PALLATHURUTHY MURI, KAINAKARY NORTH, KUTTANAD.
- 2 SUMANGALA, D/O.NARAYANI,
Issues for consideration
3 issues framed by the court
Whether the first appellate court erred in accepting an interim report and nonsuiting the plaintiffs given undisputed property identity.
Whether the first appellate court misconstrued evidence by nonsuiting plaintiffs despite established title and possession.
Whether the lower court's reliance on a rough commissioner sketch versus a surveyor's plan was appropriate for identity determination.
Parties & counsel
- appellant
Sree Devi
- appellant
Sumangala
- appellant
Roy
- appellant
Vaijyanthi
- appellant
Selvakumari
- appellant
Case details
As recorded by the court registry
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