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O.S.No. 721/2018

Case between Baby Joseph et al vs Sintho Joseph et al regarding injunction

Court
II Additional Munsiff Court, Ernakulam
Judge
Smt. Needi.K. Dinamany
Order Date
2024-11-08
Duration
approximately-6 years 9 months
Case Code No.
721
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Baby Joseph and others, sought to withdraw their existing suit for a permanent injunction against the defendants for excavating a pathway. The court found that the suit had become infructuous as the defendant had already laid the pipeline.

Judgment Outcome

Defendant Won
Interim Order
The court allowed the plaintiffs to withdraw the suit, dismissing it as withdrawn due to its infructuous nature.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the plaintiffs to withdraw the suit, dismissing it as withdrawn due to its infructuous nature.
Key Reasoning:
The court found that the suit had become infructuous as the defendants had already carried out the action the plaintiffs sought to prevent.
Why Defendant Won:
Not available
Supporting Evidence
The suit has become infructuous.

Judgment Evidence:

In the result, Petition is allowed accordingly, suit is dismissed as withdrawn.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Baby Joseph
Party Age
75
Relation
W/o late Joseph
Party Role
Plaintiff
Party Name
Tomy K J
Party Age
52
Relation
S/o late Joseph
Party Role
Plaintiff
Party Name
Benny Joseph
Party Age
50
Relation
S/o late Joseph
Party Role
Plaintiff
Party Name
Boban K J
Party Age
47
Relation
S/o late Joseph
Party Role
Defendant
Party Name
Sintho Joseph
Party Age
45
Relation
S/o late Joseph
Party Role
Defendant
Party Name
Eleesha Francis
Party Age
99
Relation
W/o late Francis
Party Role
Defendant
Party Name
Chinna Francis
Party Age
70
Relation
D/o late Francis
Party Role
Defendant
Party Name
Raja Sethunad
Party Age
62
Party Role
Defendant
Party Name
Sharan Kumar
Party Age
60
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
John Mathew Therezhath
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jose P Joseph
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Manoj P Kunjachan
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Petitioner sought to withdraw the existing suit for a permanent injunction with the liberty to file a new suit if necessary.
Evidence:
therefore, it can safely be concluded that no sufficient grounds have been made out by the plaintiff to seek for leave to file fresh suit.

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
O.S.NO.
Case Code Year
2018

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 02/01/2018 - 12:00
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
75%

Involved Entities

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