Case Summary
The plaintiffs, including Saliha Beevi and Muhammad Ismayil, are seeking to cancel a document which they allege was executed through a forged power of attorney. The defendants oppose the suit, claiming that the petitions are not maintainable.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court recognized the necessity to rectify a mistake on the face of records regarding the documents to be sent for expert analysis.
The court recognized the necessity to rectify a mistake on the face of records regarding the documents to be sent for expert analysis.
Judgment Evidence:
In the result, these petitions stands allowed.
Parties Involved
Plaintiffs
Saliha Beevi (Age not specified years)
House No.20/212A, Nizamia Manzil, Ponjassery Post, Kadavil, Arackappady Village, Kunnathunadu Taluk
Muhammad Ismayil (Age not specified years)
House No.4/355, Sahila Manzil, Erattupetta Post, Erattupetta Village, Meenachil Taluk, Kottayam District
Mahaboob Subuhani (Age not specified years)
Flat No.10E, Asset Home North Star, Edappally North Village, Kanayannoor Taluk, Ernakulam District
Abdul Rasheed (Age not specified years)
House No.20/212A, Nizamia Manzil, Ponjassery Post, Kadavil, Arackappady Village, Kunnathunadu Taluk
Mahadi (Age not specified years)
House No.20/212A, Nizamia Manzil, Ponjassery Post, Kadavil, Arackappady Village, Kunnathunadu Taluk
Defendants
Vargheese P J (Age not specified years)
Padayattil House, Malikkudy Kara, South Ezhipram, Vazhakkulam Village, Kunnathunadu Taluk
Renju P Varghese @ Jacob (Age not specified years)
Padayattil House, Malikkudy Kara, South Ezhipram, Vazhakkulam Village, Kunnathunadu Taluk
Paul P Varghese (Age not specified years)
Padayattil House, Malikkudy Kara, South Ezhipram, Vazhakkulam Village, Kunnathunadu Taluk
Mathew P Varghese (Age not specified years)
Padayattil House, Malikkudy Kara, South Ezhipram, Vazhakkulam Village, Kunnathunadu Taluk
Jolly Varghese (Age not specified years)
Padayattil House, Malikkudy Kara, South Ezhipram, Vazhakkulam Village, Kunnathunadu Taluk
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The court allowed the petitions to condone the delay and made corrections to the previous order regarding documents to be sent for expert analysis.
Evidence:
Hence, to rectify the mistakes happened in the order passed by this court, the delay of 500 days is hereby condoned and petitions are allowed by reviewing the order to the effect that, instead of the direction to sent those documents to expert analysis to ensure fair adjudication.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document was the subject of the suit for cancellation due to allegations of forgery.
Reference:
No. 5286/1981
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document was also mentioned in the context of the review petition for cancellation.
Reference:
No. 4553/1921
Document Type:
Thumb Impression Register
Submitted By:
Unknown
Relevance:
This was requested to cross-check the signatures in relation to the disputed power of attorney.
Reference:
SRO, Perumbavoor
Document Type:
Filing Sheets
Submitted By:
Unknown
Relevance:
These were also required for expert analysis to verify signatures.
Reference:
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimonies related to the authenticity and execution of the power of attorney.
Reference: