Case Summary
Grace Cherian filed a petition for amendment of the plaint seeking a mandatory injunction to evict Suresh Babu T from her property, claiming he has no legal right to occupy it. The petition was dismissed by the court.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition filed by Grace Cherian for the amendment of plaint, stating that the petition lacks merits and does not present sufficient grounds.
Key Reasoning:
The petition was dismissed due to lack of merits and failure to comply with prior court orders.
The petition was dismissed due to lack of merits and failure to comply with prior court orders.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The court concluded that this petition has no merits, especially when there is no prayer for amendment of pleadings to show that defendant is in illegal possession of building and plaintiff is entitled for mesne profits.
Judgment Evidence:
In the result, Petition is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Grace Cherian
- Party Age
- 81
- Relation
- W/o Late J M Cherian
- Party Role
- Defendant
- Party Name
- Suresh Babu T
- Party Age
- 46
- Relation
- S/o Krishnan
- Party Role
- Defendant
- Party Name
- Kiran M B
- Party Age
- 46
- Relation
- S/o M A Velunni
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sindhu Santhalingam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abraham K George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A D Shajan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Saji Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Directing the 1st defendant to vacate the residential portions and to declare that the 1st respondent has no legal right to occupy the property.
Evidence:
Hence satisfied that this petition has no merits, especially when there is no prayer for amendment of pleadings to show that defendant is in illegal possession of building and plaintiff is entitled for mesne profits.
Relief Type:
Damages
Outcome:
Refused
Description:
To recover damages amounting to Rs.1 lakh from October 31 2021 to October 9, 2023 and Rs.1 lakhs from 9th October 2023 till plaintiff is placed in actual physical possession of building.
Evidence:
Hence petition is liable to be dismissed.
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 Grace Cherian vs Suresh Babu T et al regarding mandatory injunction and amendment of plaint.
Case Code Year
Case between Grace Cherian vs Suresh Babu T et al regarding mandatory injunction and amendment of plaint.