Case Summary
The plaintiffs, M/s. Spencer’s Travel Services Limited and Geetha George, filed a suit against the defendants George Mathew and Mathew Fernandez for forceful eviction. The court determined that the suit was infructuous as the defendant had already obtained possession of the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit as infructuous because the defendant had already obtained possession of the property. The plaintiffs' request for forceful eviction was thus denied.
Key Reasoning:
The defendant had already obtained possession of the property through a prior execution petition.
The defendant had already obtained possession of the property through a prior execution petition.
Why Defendant Won:
Not available
Not available
Supporting Evidence
As Defendant has already obtained Possession of Plaint Schedule Property through Execution Petition in Execution Petition 397/2024 in RCP 23/2019 this suit filed against Defendant for forceful eviction is infructuous.
Judgment Evidence:
Hence suit dismissed as Infructuous.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Spencer’s Travel Services Limited
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Geetha George
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- George Mathew
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mathew Fernandez
- Party Age
- 79
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B.S.Prasad Gandhi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Punchakkary G.Raveendran Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Rejected
Description:
The plaintiff's suit for forceful eviction of the defendant from the property was dismissed.
Evidence:
this suit filed against Defendant for forceful eviction is infructuous. Hence suit dismissed as Infructuous.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between M/s. Spencer’s Travel Services Limited et al vs George Mathew et al regarding forceful eviction
Case Code Year
Case between M/s. Spencer’s Travel Services Limited et al vs George Mathew et al regarding forceful eviction