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OS. No.1500/2023

Case between James vs Kochu Thresia et al regarding abatement of suit

Court
COURT OF PRINCIPAL MUNSIFF
Judge
Sri.Mithun Gopi.G.S
Order Date
2025-04-10
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

James, the plaintiff, filed a suit against Kochu Thresia and others. The suit was abated after it was determined that the plaintiff had died and no application was filed to continue the case.

Judgment Outcome

Defendant Won
Interim Order
The court found that the plaintiff James had died and there was no application to continue the case filed. Therefore, the suit was abated.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff James had died and there was no application to continue the case filed. Therefore, the suit was abated.
Key Reasoning:
The suit was abated due to the plaintiff's death and lack of application to continue.
Why Defendant Won:
The suit was abated due to the plaintiff's death and lack of application to continue.
Supporting Evidence
The court noted that the plaintiff died on 20-11-2023 and no representation was made for the plaintiff.

Judgment Evidence:

Hence, the suit is abated under Order XXII Rule (2) of the Code of Civil Procedure.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
James
Party Age
80
Relation
S/o
Party Role
Defendant
Party Name
Kochu Thresia
Party Age
46
Relation
D/o
Party Role
Defendant
Party Name
Komaresan
Party Age
55
Relation
H/o
Party Role
Defendant
Party Name
Reethu
Party Age
39
Relation
W/o
Plaintiffs Documents
Defendants Documents
Death certificate of the plaintiff

Advocates

Party Role
Plaintiff
Advocate Name
Adv. Sri. Anayara Shaji
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Sainu Shaji
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
M. Josaphath
Appearance Type
Main Counsel

Documents & Evidence

Document Type: Death Certificate
Submitted By: Defendant
Relevance:
The court used the death certificate of the plaintiff to establish that the plaintiff had died on 20-11-2023.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between James vs Kochu Thresia et al regarding abatement of suit
Case Code Year
Case between James vs Kochu Thresia et al regarding abatement of suit

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Case Closed
From
Tue, 04/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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