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OS.No.1124/2009

Case between Abraham Varghese et al vs Dennis Joseph regarding maintainability of petition

Court
COURT OF ADDITIONAL MUNSIFF (RCC)
Judge
Smt.Salini.B
Order Date
2025-10-30
Duration
Case Code No.
1124
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves multiple plaintiffs, including Abraham Varghese, and revolves around a petition filed by Dennis Joseph, the additional defendant. The court will deal with the issues of maintainability and limitations during the trial.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered that the issues of maintainability and limitations must be dealt with during the trial.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Final Judgment
No
The court ordered that the issues of maintainability and limitations must be dealt with during the trial.
Why Plaintiff Won:
The court found that the issues involved are mixed questions of law and fact, requiring trial.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The court is satisfied that the issues involve a mixed question of law and fact and therefore cannot be decided as a preliminary issue.

Judgment Evidence:

In the result, the petition is ordered as follows: The issue of maintainability under Order II Rule 2 of the Code of Civil Procedure and limitation cannot be decided as preliminary issue but will be dealt with along with the trial.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abraham Varghese
Party Age
92
Relation
S/o. Late M.Varghese
Party Role
Plaintiff
Party Name
Mariyamma Abraham
Party Age
90
Relation
D/o Abraham Varghese
Party Role
Plaintiff
Party Name
Ranjana Abraham
Party Age
61
Relation
D/o.Abraham Varghese
Party Role
Plaintiff
Party Name
Saramma alias Kunjukunjamma
Party Age
99
Relation
D/o late M. Varghese
Party Role
Defendant
Party Name
Dennis Joseph
Relation
S/o.late.P.K.Joseph
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Sri.Rajaprathap.S.J
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.Ram Mohan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.M.Rajasekharan Nair
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.B.Jayasankar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.B.Vasudevan Nair
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.P.P.Balakrishnan Nair
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.Isaac Samuel
Appearance Type
Main Counsel

Documents & Evidence

Case Classification

Case Type
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2009

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Case Closed
From
Wed, 10/01/2025 - 12:00
To
Fri, 10/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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