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
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.
Judgment Evidence:
In the result, Petition is allowed accordingly, suit is dismissed as withdrawn.
Parties Involved
Plaintiffs
Baby Joseph (75 years)
Kandathil House, Thrikkakara P O, Desiyakavala, Kochi, Ernakulam District, Pin- 682021
Tomy K J (52 years)
Kandathil House, Thrikkakara P O, Desiyakavala, Kochi, Ernakulam District, Pin- 682021
Benny Joseph (50 years)
Kandathil House, Thrikkakara P O, Desiyakavala, Ernakulam District, Pin- 682021
Boban K J (47 years)
Kandathil House, Thrikkakara P O, Desiyakavala, Kochi, Ernakulam District, Pin- 682021
Defendants
Sintho Joseph (45 years)
Kandathil House, Thrikkakara P O, Desiyakavala, Kochi, Ernakulam District, Pin- 682021
Eleesha Francis (99 years)
Kattithara House, Palarivattom P O, North Janatha Road, Ernakulam District, Pin- 682017
Chinna Francis (70 years)
Thachil House, Thrikkakara P O, Desiyakavala, Kochi, Pin- 682021
Raja Sethunad (62 years)
H G Apartment, H G Avenue C, Gandhi Nagar, Kadavanthara P O, Ernakulam, Pin- 682020
Sharan Kumar (60 years)
H G Apartment, H G Avenue C, Gandhi Nagar, Kadavanthara P O, Ernakulam, Pin- 682020
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.