Case Summary
The plaintiffs, Baby Joseph and others, sought to withdraw their existing suit for a permanent injunction against the defendants for excavating a pathway. The court found that the suit had become infructuous as the defendant had already laid the pipeline.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the plaintiffs to withdraw the suit, dismissing it as withdrawn due to its infructuous nature.
Key Reasoning:
The court found that the suit had become infructuous as the defendants had already carried out the action the plaintiffs sought to prevent.
The court found that the suit had become infructuous as the defendants had already carried out the action the plaintiffs sought to prevent.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The suit has become infructuous.
Judgment Evidence:
In the result, Petition is allowed accordingly, suit is dismissed as withdrawn.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baby Joseph
- Party Age
- 75
- Relation
- W/o late Joseph
- Party Role
- Plaintiff
- Party Name
- Tomy K J
- Party Age
- 52
- Relation
- S/o late Joseph
- Party Role
- Plaintiff
- Party Name
- Benny Joseph
- Party Age
- 50
- Relation
- S/o late Joseph
- Party Role
- Plaintiff
- Party Name
- Boban K J
- Party Age
- 47
- Relation
- S/o late Joseph
- Party Role
- Defendant
- Party Name
- Sintho Joseph
- Party Age
- 45
- Relation
- S/o late Joseph
- Party Role
- Defendant
- Party Name
- Eleesha Francis
- Party Age
- 99
- Relation
- W/o late Francis
- Party Role
- Defendant
- Party Name
- Chinna Francis
- Party Age
- 70
- Relation
- D/o late Francis
- Party Role
- Defendant
- Party Name
- Raja Sethunad
- Party Age
- 62
- Party Role
- Defendant
- Party Name
- Sharan Kumar
- Party Age
- 60
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- John Mathew Therezhath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jose P Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manoj P Kunjachan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Petitioner sought to withdraw the existing suit for a permanent injunction with the liberty to file a new suit if necessary.
Evidence:
therefore, it can safely be concluded that no sufficient grounds have been made out by the plaintiff to seek for leave to file fresh suit.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2018