Case Summary
The case involves a dispute over the maintainability of a suit filed by Anu.A.S. against Minimol for recovery of money under a property sale agreement. Minimol argues that the suit is barred by law of limitation.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Final Judgment
No
The court dismissed the petition filed by Minimol challenging the maintainability of the suit, ruling that the issue of limitation will be adjudicated along with the suit.
Key Reasoning:
The issue of limitation will be considered along with the suit after adjudication.
The issue of limitation will be considered along with the suit after adjudication.
Why Defendant Won:
Not available
Not available
Supporting Evidence
the question of law of limitation is a mixed issue both of law and of fact. Hence it cannot be disposed as preliminary issue.
Judgment Evidence:
In the result, the petition is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anu.A.S.
- Party Age
- 31
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Minimol
- Party Age
- 41
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri.Sajad Muhammed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.K.Rajeev Punnapuram
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt..Salini S Nath
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sangeetha.R.V
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Amritha.S.R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jagadish.G
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The petitioner/defendant sought to challenge the maintainability of the suit based on the limitation period.
Evidence:
In the result, the petition is dismissed.
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
2022