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O.S. 354/ 2022

Case between Sarojam vs R. S. Gandhi regarding specific performance of an agreement for sale

Court
COURT OF THE MUNSIFF, VARKALA
Judge
Sri. ARAVIND. P.
Order Date
2025-01-17
Duration
Case Code No.
354
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Sarojam, seeks specific performance of a sale agreement against the defendant, R. S. Gandhi, claiming readiness and willingness to perform her part of the contract. The defendant argues that the plaintiff was not ready and willing as per the agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for amendment sought by the plaintiff, directing her to carry out the amendment within seven days. No order as to costs was issued.
Judgment Favored
Plaintiff
Relief Granted
The petitioner is directed to carry out the amendment sought in the petition within seven days from the date of this order.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for amendment sought by the plaintiff, directing her to carry out the amendment within seven days. No order as to costs was issued.
Why Plaintiff Won:
The petitioner is entitled to incorporate pleading with regard to readiness and willingness for performing her part of the agreement.
Losing Side's Weaknesses:
The petitioner is entitled to incorporate pleading with regard to readiness and willingness for performing her part of the agreement.
Supporting Evidence
It is highly essential for the just and proper disposal of the suit. The court is of the view that, the present petition can be allowed and the petitioner can be permitted to incorporate the amendment sought for in the petition.

Judgment Evidence:

In the result, petition is allowed as follows: 1. The petitioner is directed to carry out the amendment sought in the petition within seven days from the date of this order. 2. No order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sarojam
Party Age
80
Relation
D/o
Party Role
Defendant
Party Name
R. S. Gandhi
Party Age
74
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. A. G. Syamkumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri K. Rajagopal
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The petitioner is permitted to incorporate the amendment sought in the petition.
Evidence:
the present petition can be allowed and the petitioner can be permitted to incorporate the amendment sought for in the petition.
Relief Type: Other
Outcome: Not Decided
Description:
Costs to be decided.
Evidence:
this point is found accordingly.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
O.S.
Case Code Year
2022

Quick Facts

Location
Varkala, Thiruvananthapuram
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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