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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
RAHMATHUNNEESA – Appellant
Versus
NAFEESA – Respondent
| Table of Content |
|---|
| 1. claim for partition of land amidst disputes on evidence and property identification. (Para 1 , 2 , 3) |
| 2. irregularities in evidence handling by the lower courts undermine claim assessments. (Para 4 , 5 , 6) |
| 3. first appellate court needs to scrutinize clear evidential discrepancies. (Para 7 , 8) |
| 4. court's procedural adherence is key for just outcomes in partition claims. (Para 9 , 10) |
| 5. remand for proper assessment and expedited resolution is necessary. (Para 11 , 12 , 13) |
JUDGMENT
Heard in extenso Sri. N.M. Madhu, the learned Counsel for the appellants and Smt. Zohra, the learned Counsel for the 3rd respondent. There is no appearance for the other respondents even though service is complete. Notice on admission was ordered and after extensively hearing the appeal on the question of admission, this Court is prima facie convinced that the judgments of the Courts below are unsustainable and hence this appeal is required to be admitted on the following substantial questions of law;
Whether the Courts below went wrong in disallowing the claim for partition of the property covered by a registered document and despite the same being clearly identified by the Commissioner un
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