Leela v. Radhamma
Case brief
What is this about?
High Court revising court dismissed appeals regarding dismissal of suit for setting aside ex parte decree but set aside dismissal regarding B to E schedule properties, remitting matter to trial court for partition proceedings, and restored execution petition appointment of commissioner stage.
What did the court decide?
Dismissal of O.S. No. 139/2006 in relation to B to E schedule properties set aside; suit restored to extent; matter remitted for partition of B to E schedule properties; execution petition relegated t
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 11TH DAY OF JULY 2024 / 20TH ASHADHA, 1946
CRP NO. 20 OF 2014
AGAINST THE JUDGMENT DATED 30.08.2013 IN CMA NO.7 OF 2012 OF I
ADDITIONAL DISTRICT COURT, KOLLAM ARISING OUT OF THE ORDER/JUDGMENT
DATED 21.10.2011 IN OS NO.139 OF 2006 OF APRINCIPAL SUB COURT, KOLLAM
REVISION PETITIONER/APPELLANT/PETITIONER:
LEELA
W/O.RAJAN, RADHA MANDIRAM,
PATTATHANAM, VADAKKEVILA VILLAGE,
KOLLAM TALUK, KOLLAM
BY ADVS.
T.KRISHNANUNNI (SR.)
MEENA.A.
VINOD RAVINDRANATH
M.R.MINI
ASHWIN SATHYANATH
K.C.KIRAN
M.DEVESH
ANISH ANTONY ANATHAZHATH
THAREEQ ANVER K.
RESPONDENT/RESPONDENT/RESPONDENT:
RADHAMMA
W/O.SREENIVASAN,
RESIDING AT RESHMI, PATTATHANAM,
VADAKKEVILA VILLAGE, KOLLAM TALUK,
KOLLAM-691001
BY ADV SRI.M.K.CHANDRA MOHANDAS
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 11.07.2024, ALONG
WITH CRP.24/2014, 43/2014 AND OPC 1776/2014, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Issues for consideration
3 issues framed by the court
Whether the High Court should set aside the dismissal of the suit despite delay in filing the petition for set-aside.
Whether the ex parte decree in the counter-claim regarding the A schedule property should be interfered with.
Whether the order appointing a commissioner for measurement of property covered by a gift deed was passed without following proper procedure.
Parties & counsel
- petitioner
LEELA
- respondent
RADHAMMA
Coram
A. BADHARUDEEN
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court