Ambika v. Vijayan
Case brief
What is this about?
High Court set aside Sub-Court order penalising petitioners for seeking hospital records to challenge capacity during execution of 2008 deeds. Allowed application to call records.
What did the court decide?
Set aside Ext.P5 order; allowed Ext.P3 I.A to call hospital records from 2009.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 6TH DAY OF NOVEMBER 2023 / 15TH KARTHIKA, 1945
OP(C) NO. 540 OF 2023
AGAINST THE ORDER/JUDGMENT OS 61/2020 OF ASSISTANT SESSIONS COURT/SUB COURT, TIRUR
PETITIONERS:
1AMBIKA
AGED 62 YEARS
D/O. ACHU ALIAS AYYAPPAN, NANNAMUKKU AMSOM, PIDAVANNOOR
DESOM AND POST, PONNANI TALUK, MALAPPURAM DISTRICT,
PIN – 679574
2 BHANUMATHI AGED 58 YEARS
Issues for consideration
3 issues framed by the court
Whether the Sub Judge's rejection of evidence regarding the mental state of the father at the time of executing documents in 2008 was correct.
Whether medical treatment records from 2009 were relevant to challenge three settlement deeds and three sale deeds executed in 2008.
Whether an interlocutory application for calling hospital records should be allowed in this case.
Parties & counsel
- petitioner
Ambika and others
- respondent
Vijayan and others
Coram
C. Jayachandran
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court