Kochuthressia v. Seema
Case brief
What is this about?
Single judge disposed of three connected appeals and a revision petition challenging a trial court decree based on a will. The court upheld the genuineness of the will and dismissed the appeals.
What did the court decide?
The appeals and civil revision petition were dismissed; no interference with the trial court order.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 6TH DAY OF JUNE 2023 / 16TH JYAISHTA, 1945
RFA NO. 666 OF 2009
AGAINST THE JUDGMENT AND DECREE DT.30.11.2004 IN OS 923/2000 OF PRINCIPAL SUB COURT, THRISSUR
APPELLANTS:
1 KOCHU THRESYA, AGED 69 YEARS, W/O ARIMBUR THORAYIL LONA(LATE), PADINHATTUMURI DIVISION, VADAKKUMMURI VILLAGE, THRISSUR TALUK 2 RAPPAYI, AGED 47 YEARS, S/O ARIMBUR THORAYIL LONA(LATE), PADINHATTUMURI DIVISION, VADAKKUMMURI VILLAGE, THRISSUR TALUK
BY ADV SRI.JOSEPH SEBASTIAN PURAYIDAM
RESPONDENTS:
1 SEEMA, AGED 31 YEARS, D/O CHIRAMEL PAUL, CHETTUPUZHA DIVISION, PULLAZHI VILLAGE, THRISSUR TALUK.
Issues for consideration
3 issues framed by the court
Whether the registered will gifted to the wife is genuine and valid despite challenges for forgery.
Whether the trial court rightly appreciated evidence regarding execution and capacity for the will.
Whether the appeals and revision petition challenging the trial court decree require any interference.
Parties & counsel
- appellant
KOCHU THRESYA
- appellant
RAPPAYI
- respondent
SEEMA
- respondent
MERCY FRANCIS
Coram
Case details
As recorded by the court registry
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