O.S No. 777/2011

Case between Anil Kumar, P. M Thankamany, Ramony, Sominy vs Sasidharan, Corporation of Kochi, T. E Raveendran regarding restoration of suit.

Court

THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM

Judge

Rohit Nandakumar

Order Date

2024-12-12

Duration

approximately-13 years

Judgement document from eCourt website

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Case Summary

This case involves a restoration petition by the plaintiffs to reinstate a previously dismissed suit that sought a permanent prohibitory injunction against the defendants regarding a scheduled pathway. The plaintiffs argue they were not ready for trial due to outstanding evidence.

Judgment Outcome

Defendant Won

Interim Order

The court dismissed the restoration petition due to the repeated failure of the plaintiffs to appear and present evidence in a timely manner, thus lacking merit.

Judgment Favored

Defendant

Relief Granted

Case Type

Restoration Petition

Final Judgment

Key Reasoning:
The petition lacked merit as the suit had been dismissed multiple times due to the plaintiffs' failure to present evidence.

Judgment Evidence:

Hence, I am of the opinion that this petition is liable to be dismissed and is therefore dismissed.

Parties Involved

Plaintiffs

Anil Kumar (Age not specified years) Chettiparambil House, Thareparambil Lane, P. J Antony Road, Palarivattom, Mamangalam P. O, Edappally Thekku Village, Ernakulam. P. M Thankamany (Age not specified years) Kodampurath House, Thareparambil Lane, P. J Antony Road, Palarivattom, Mamangalam P.O, Edappally Thekku Village, Ernakulam. Ramony (Age not specified years) Thareparambil House, Thareparameter Lane, P. J Antony Road, Palarivattom, Mamangalam P.O, Edappally Thekku Village, Ernakulam. Sominy (Age not specified years) Thareparambil House, Thareparambil Lane, P. J Antony Road, Palarivattom, Mamangalam P.O, Edappally Thekku Village, Ernakulam.

Defendants

Sasidharan (70 years years) Thareparambil House, Thareparambil Lane, P. J Antony Road, Palarivattom, Mamangalam P.O, Edappally Thekku Village, Ernakulam. Corporation of Kochi (Age not specified years) Corporation office, Kochi -11. T. E Raveendran (Age not specified years) Thareparambil House, Thareparambil Lane, P. J Antony Road, Palarivattom, Mamangalam P.O, Edappally Thekku Village, Ernakulam.

Reliefs

Relief Type: Permanent Injunction

Outcome: Refused

Description:

Restoration of the suit to restrain the first defendant and his henchmen from restraining into the schedule pathway and from constructing a compound wall.

Evidence:

Hence, I am of the opinion, on a perusal of the entire proceedings of the case, that there is no merit in the petition advanced by the plaintiffs and that the petition lacks any bonafide to succeed.