Case Summary
The case involves Ambrose Cleetus Padua as the plaintiff and Fabiola D’silva alias Terry along with Mary Shinu Padua as defendants. The suit is for injunction, but it was abated as the sole plaintiff has died and no legal heirs were impleaded.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The suit is abated due to the death of the sole plaintiff, Ambrose Cleetus Padua, and the lack of action taken to implead his legal heirs.
Key Reasoning:
Why Defendant Won:
Supporting Evidence
Judgment Evidence:
Hence suit is abated Under Order 22 Rule 3(2) of CPC.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ambrose Cleetus Padua
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fabiola D’silva alias Terry
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mary Shinu Padua
- Party Age
- 49
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sushanth.J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Subhya Rajan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vrinda Paul
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Premraj.C.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Misna Saleem
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Asha.B.Mathews
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nikhil.K.Narayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Lilia John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nimmy Johnson
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Not Decided
Description:
The suit is for injunction and the sole plaintiff dies and even after giving opportunity was given to file application for impleading legal heirs of plaintiff, no steps seen taken.
Evidence:
the suit is for injunction and the sole plaintiff dies and even after giving opportunity was given to file application for impleading legal heirs of plaintiff, no steps seen taken.
Documents & Evidence
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Ambrose Cleetus Padua vs Fabiola D’silva alias Terry et al regarding injunction
Case Code Year
Case between Ambrose Cleetus Padua vs Fabiola D’silva alias Terry et al regarding injunction