Mariyumma Sulthan vs. Jameela Sulthan
Held
The High Court found that the newly obtained documents were relevant for deciding the Receiver application. It set aside the lower court's order dismissing the application and remitted the matter back for fresh disposal, directing the lower court to consider these new documents and hear both sides afresh.
Facts
Appellants, who are plaintiffs in a civil suit concerning a partnership firm, challenged the dismissal of their application for the appointment of a Receiver by the Additional Sub Court. They sought to introduce new documents obtained from the Sales Tax Department (GST) which were not available during the initial hearing of the Receiver application.
Key Issues
The key issue was whether the lower court's dismissal of an application for a Receiver should be set aside and the matter remitted for fresh consideration, allowing the introduction of newly obtained relevant documents.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE G. GIRISH
FRIDAY, THE 12TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945 FAO NO. 2 OF 2021
AGAINST THE JUDGMENT DATED 20.11.2020 IN I.A.NO.3/2020 IN OS 77/2020 OF ADDITIONAL SUB COURT, NORTH PARAVUR
APPELLANTS/PETITIONERS/PLAINTIFFS:
1 MARIYUMMA SULTHAN AGED 51 YEARS W/O LATE AI HAJ SHEIK YOUSUF SULTAN, VENNIPARAMBIL HOUSE, THOTTAKKATTUKARA P O, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683108. 2 FATHIMATHUSUHARA K Y AGED 25 YEARS D/O LATE AI HAJ SHEIK YOUSUF SULTAN, VENNIPARAMBIL HOUSE, THOTTAKKATTUKARA P O, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683108. 3 LAILA BEEVI V Y AGED 23 YEARS D/O LATE AI HAJ SHEIK YOUSUF SULTAN, VENNIPARAMBIL HOUSE, THOTTAKKATTUKARA P O, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683108. 4 SHAHIRA AGED 35 YEARS D/O LATE AI HAJ SHEIK YOUSUF SULTAN AND W/O SHIHAB KATTETH HOUSE, EDAVOOR P O, KOOVAPPADY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN-683544. BY ADVS. DINESH MATHEW J.MURICKEN N.R.SANGEETHARAJ VINOD S. PILLAI SREELAKSHMI R. MO
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