Sobha v. Benny
Case brief
What is this about?
The High Court set aside an order dismissing a memo of partition suit on inadequate evidence regarding heirship. Upholding interim relief, the court directed the Motor Accident Claims Tribunal to resume the suit on merit, allowing parties to appear.
What did the court decide?
Order dated 31.08.2023 in M.P. No. 1 of 2021 was set aside; the memo was allowed and remanded to the Tribunal for trial.
What the court decided
CRP No. 4438 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :13.12.2023
CORAM :
THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI
Civil Revision Petition No.4438 of 2023
and CMP.No.26813 of 2023
1.Sobha
2.Dhipu
... Petitioners
Versus
1.Benny 2.Angel 3.Prabakaran 4.Deisy
5.Dhanalakshmi
... Respondents
Issues for consideration
2 issues framed by the court
Whether the order dismissing the memo of partition suit due to lack of heirship documents was untenable in view of prima facie evidence from Identity Cards.
Whether the memo of partition suit should be remanded for trial on merits.
Parties & counsel
- petitioner
Sobha
- petitioner
Dhipu
- respondent
Benny
- respondent
Angel
- respondent
Prabakaran
- respondent
Case details
As recorded by the court registry
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