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OS.No.1644/2024

Case between Shahul Hameed vs Vijayan.B regarding maintainability of suit

Court
COURT OF ADDITIONAL MUNSIFF (RCC)
Judge
Smt.Salini.B
Order Date
2025-03-11
Duration
Case Code No.
1644
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The case involves Shahul Hameed (plaintiff) challenging the maintainability of a suit filed by Vijayan.B (defendant) regarding illegal construction. The court found that the suit is maintainable as it did not challenge any actions taken by the Municipality.

Judgment Outcome

Plaintiff Won
Interim Order
The court dismissed the defendant's petition regarding the maintainability of the suit, affirming that the suit could proceed.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the defendant's petition regarding the maintainability of the suit, affirming that the suit could proceed.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence

Judgment Evidence:

In the result, the petition is dismissed by finding that suit is very well maintainable before this court.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shahul Hameed
Party Age
57
Relation
S/o
Party Role
Defendant
Party Name
Vijayan.B
Party Age
68
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Sri. T.A. Rajeev
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Deepu.U.V
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Refused
Description:
The petition to challenge the maintainability of the suit was dismissed.
Evidence:
Considering the rival contentions, perusing the plaint averments, exhibits produced and hearing the learned counsels for both sides, I am of the opinion that the Municipality or its Secretary or any officials in the Municipality has not been made party to the suit or no reliefs sought against them by the plaintiff in the suit.

Documents & Evidence

Document Type: Site Approval and Building Permit
Submitted By: Defendant
Relevance:
The document was referenced to support the defendant's claim that their construction adhered to the specifications in the Building Permit.
Reference:
Ext.B2

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2024

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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