Ramachandran v. Mathew v Philip
Case brief
What is this about?
This second appeal against a decree favouring the plaintiff claiming return of advance sale consideration was not admitted. The court held that the appellant failed to frame a substantial question of law required under Section 100 of the CPC and the appeal is meritless.
What did the court decide?
The second appeal is dismissed as meritless and not admitted for want of a substantial question of law.
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 A. BADHARUDEEN
THURSDAY, THE 2ND DAY OF NOVEMBER 2023 / 11TH KARTHIKA, 1945
RSA NO. 620 OF 2023
AGAINST THE JUDGMENT AND DECREE DATED 14.02.2023 IN AS 4/2021
OF SUB COURT, PALA
IN JUDGMENT AND DECREE DATED 30.03.2019 IN OS 21/2015 OF
MUNSIF COURT, KANJIRAPPALLY
APPELLANT/RESPONDENT/DEFENDANT:
RAMACHANDRAN, AGED 63 YEARS
S/O. VASUDEVA PANICKER,
PAKKOTTIL HOUSE, KANAKAPPALAM P.O.,
ERUMELY KARA, ERUMELY SOUTH VILLAGE,
KANJIRAPPALLY TALUK,
KOTTAYAM DISTRICT, PIN – 686509.
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
ROSHIN MARIAM JACOB
RESPONDENT/APPELLANT/PLAINTIFF:
Issues for consideration
3 issues framed by the court
Whether an unregistered agreement for exchange of properties with advance sale consideration can be received as evidence of a contract or collateral transaction.
Whether the defendant/appellant raised a substantial question of law warranting the admission of the second appeal under Section 100 of the Code of Civil Procedure.
Whether the appellate court correctly found execution of the agreement despite lack of attesting witnesses examination.
Parties & counsel
- appellant
Ramachandran
- respondent
Mathew V. Philip
Coram
A. Badharudeen
Case details
As recorded by the court registry
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