Case Summary
Nileena Kurien and Mary Issac, the plaintiffs, are seeking a declaration that their property is free from easement rights and an injunction against the defendant, Suresh Babu.V. The defendant argues that the suit is barred by limitation and not maintainable.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the application of Suresh Babu.V, ruling that the suit is maintainable and there is no legal bar against it.
Why Plaintiff Won:
The court found that the suit had merit and could not be dismissed on the grounds of maintainability.
The court found that the suit had merit and could not be dismissed on the grounds of maintainability.
Losing Side's Weaknesses:
The court found that the suit had merit and could not be dismissed on the grounds of maintainability.
The court found that the suit had merit and could not be dismissed on the grounds of maintainability.
Supporting Evidence
The court noted that the issues surrounding the maintainability of the suit could not be determined at a preliminary stage.
Judgment Evidence:
In the result, this petition is dismissed. No order as to cost.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nileena Kurien
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Mary Issac
- Party Role
- Defendant
- Party Name
- Suresh Babu.V
- Relation
- S/o
Plaintiffs Documents
True copy of Plaint in OS. 356/2016, True copy of plaint in OS. 505/2016
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Smt. Asha.K.I
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Reshma .A.N
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Feby .J. Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sheeba Jacob
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Petitioner's application for dismissal of the suit holding it not maintainable.
Evidence:
Therefore, this petition is dismissed.
Documents & Evidence
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Certified copy of plaint in O.S.356/2016 marked for the petitioner.
Reference:
Ext.A1
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Certified copy of plaint in O.S.505/2016 marked for the petitioner.
Reference:
Ext.A2
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 Nileena Kurien et al vs Suresh Babu.V regarding easement rights and permanent prohibitory injunction
Case Code Year
Case between Nileena Kurien et al vs Suresh Babu.V regarding easement rights and permanent prohibitory injunction