Case Summary
This case involves a petition filed by the defendants to stay the suit pending the disposal of an appeal in RFA No.99/2006 related to the same property and parties. The plaintiffs argue that prior litigation does not bind them due to their minor status at the time.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition to stay the trial until the disposal of RFA 99/2006 was allowed by the court. It was determined that the conditions of the Civil Procedure Code were met for this request.
Key Reasoning:
The petition was allowed based on the substantial identity of the matter between the current suit and the previously filed suit.
The petition was allowed based on the substantial identity of the matter between the current suit and the previously filed suit.
Why Defendant Won:
The petition was allowed based on the substantial identity of the matter between the current suit and the previously filed suit.
The petition was allowed based on the substantial identity of the matter between the current suit and the previously filed suit.
Supporting Evidence
I find that there is substantial identity between the matters in dispute and parties in both the suits.
Judgment Evidence:
In the result, IA is allowed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ragehsh
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Valsala
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Mini
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Leela
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jayan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ajayan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Soman Nadar
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. G.S. Kalkura
- Appearance Type
- Main Counsel
- Party Role
- Counter Petitioner
- Advocate Name
- Sri. Williams
- Appearance Type
- Main Counsel
- Party Role
- Counter Petitioner
- Advocate Name
- Sri. Ajun krishna
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Stay the suit till the disposal of RFA 99/2006 pending before the Hon’ble High Court of Kerala.
Evidence:
I find there are sufficient grounds to invoke Sec.10 of CPC to stay the trial of this suit till disposal of the RFA.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.
Case Code Year
2017