Case Summary
The plaintiffs, including P K Haridas and Ashalatha, filed a petition to withdraw their suit against the Udayamperoor Grama Panchayath. The suit was regarding a mandatory injunction to demolish a wall, which no longer exists.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for withdrawal of the suit as there was no longer a wall to be demolished.
Why Plaintiff Won:
The primary relief sought for in the suit does not sustain as the wall no longer exists.
The primary relief sought for in the suit does not sustain as the wall no longer exists.
Losing Side's Weaknesses:
The primary relief sought for in the suit does not sustain as the wall no longer exists.
The primary relief sought for in the suit does not sustain as the wall no longer exists.
Supporting Evidence
It is satisfied from the affidavit that there exist sufficient ground for permitting withdrawal of the suit since the primary relief sought for in the suit which is one of mandatory injunction directing the defendant to demolish the wall does not sustain now since there is no such wall now.
Judgment Evidence:
Hence, the petition is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P K Haridas
- Party Age
- 63
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ashalatha
- Party Age
- 51
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Mrs. P J Leelamma
- Party Role
- Defendant
- Party Name
- The Udayamperoor Grama Panchayath
- Relation
- Rep by its Secretary
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K J Kuriachan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sunil Jacob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bindu C G
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Withdrawal of the suit since the primary relief sought for in the suit which is one of mandatory injunction directing the defendant to demolish the wall does not sustain now since there is no such wall now.
Evidence:
It is satisfied from the affidavit that there exist sufficient ground for permitting withdrawal of the suit since the primary relief sought for in the suit which is one of mandatory injunction directing the defendant to demolish the wall does not sustain now since there is no such wall now.
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 P K Haridas et al vs The Udayamperoor Grama Panchayath regarding withdrawal of suit for mandatory injunction.
Case Code Year
Case between P K Haridas et al vs The Udayamperoor Grama Panchayath regarding withdrawal of suit for mandatory injunction.