Valsala Vijayakumar v. Kochu Tresa
Case brief
What is this about?
Article 226 certiorari sought by third party against subordinate-court judgment; ex parte decree in O.S.247/2013 dated 05.11.2014; alleged fraud and impersonation of deceased Bishop; pending criminal trial (CC 589/2011) and Vigilance FIR VC 03/2016/SRT preclude finding of substantial fraud; CPC remedy preferred over writ; no bypass of appellate jurisdiction where statutory appeal exists; remedy = impleadment plus review before trial court; writ-pendency period excludable under Limitation Act; sale deeds 2582/1983 and 1029/2010; relied on Jacky, Radhey Shyam, My Palace, Hardevinder Singh; referred Hamza Haji, Vishal Garg, P. Subramani, Koushik, Reghu B, CISF; Kerala High Court 2025; petition dismissed.
What did the court decide?
In the absence of finality of the criminal proceedings initiated against the first respondent, the Court cannot hold that there is a substantial fraud as alleged; taking such a view would affect the pending trial before the competent court and would be premature.