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O.S. No. 1491/2018

Case between Alphonsa vs Jancy Xavier et al regarding suit dismissed for default.

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR
Order Date
2025-03-05
Duration
approximately-6 years 11 months
Case Closed
Wed, 03/05/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Alphonsa, was involved in a suit against defendants Jancy Xavier, Anu Maria Xavier, and Joseph Xavier. The plaintiff was repeatedly absent from court, leading to the dismissal of the suit for default.

Judgment Outcome

Defendant Won
Interim Order
The plaintiff was absent for multiple court hearings and failed to provide necessary evidence, leading to the dismissal of the suit.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The plaintiff was absent for multiple court hearings and failed to provide necessary evidence, leading to the dismissal of the suit.
Key Reasoning:
The plaintiff's continuous absence and lack of representation resulted in the dismissal of the suit.
Why Defendant Won:
The plaintiff's continuous absence and lack of representation resulted in the dismissal of the suit.
Supporting Evidence
The plaintiff continuously absent for last several postings.

Judgment Evidence:

Hence suit is dismissed for default.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Alphonsa
Party Age
57
Relation
W/o
Party Role
Defendant
Party Name
Jancy Xavier
Party Age
50
Relation
W/o
Party Role
Defendant
Party Name
Anu Maria Xavier
Party Age
29
Relation
D/o
Party Role
Defendant
Party Name
Joseph Xavier
Party Age
25
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
T.A. Kader Kunju
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V.A. Johnson
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sachin Jacob Ambat
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Dismissed
Description:
Suit dismissed for default due to the plaintiff's continuous absence.
Evidence:
Plaintiff no representation. Defendants 1 to 3 represented. Though the case has been posted for evidence of plaintiffs, she remained absent. Plaintiff continuously absent for last several postings. Hence suit is dismissed for default.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Alphonsa vs Jancy Xavier et al regarding suit dismissed for default.
Case Code Year
Case between Alphonsa vs Jancy Xavier et al regarding suit dismissed for default.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 03/05/2018 - 12:00
Case Closed
Wed, 03/05/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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