Case Summary
Bindhu Vimal is the plaintiff, while Joe Thattil and Usha Jyothish Kumar are the defendants. The case was dismissed due to the plaintiff's absence and lack of interest in proceeding with the case.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiff did not show interest to proceed and was absent during the hearing. The defendants argued that the suit had become infructuous.
Key Reasoning:
The plaintiff failed to file a proof affidavit and did not express interest in proceeding with the case.
The plaintiff failed to file a proof affidavit and did not express interest in proceeding with the case.
Why Defendant Won:
The plaintiff failed to file a proof affidavit and did not express interest in proceeding with the case.
The plaintiff failed to file a proof affidavit and did not express interest in proceeding with the case.
Supporting Evidence
The plaintiff remained absent. No proof affidavit seen filed so far. No application also seen filed by the plaintiff, though the case has been listed for plaintiff's evidence.
Judgment Evidence:
Hence this court is of the view that the plaintiff is not interested to proceed further. The learned counsels for 1st and 2nd defendants submits that the suit has becomes infructuous. In the light of above circumstances, the suit is dismissed for non-prosecution.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bindhu Vimal
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Joe Thattil
- Party Age
- 42
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Usha Jyothish Kumar
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vinay N.V.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vani S. Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N.M. Mohamed Ayub
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.V. Shamsuddin
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jijo Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.D. Beena
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aneesh James
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Dismissed
Description:
The suit is dismissed for non-prosecution.
Evidence:
In the light of above circumstances, the suit is dismissed for non-prosecution interim orders stands vacated.
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 Bindhu Vimal vs Joe Thattil et al regarding non-prosecution of the suit.
Case Code Year
Case between Bindhu Vimal vs Joe Thattil et al regarding non-prosecution of the suit.