Case Summary
Plaintiffs filed suit for fixing the boundary between their property's eastern portion and defendants' property. Plaintiff later sought permission to withdraw the suit with intent to file a fresh suit due to some defects in the case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permission to withdraw the suit with liberty to institute a fresh suit
Case Type
Civil Suit - Boundary Fixation
Final Judgment
No
The plaintiff was allowed to withdraw the suit with liberty to institute a fresh suit regarding the boundary fixation.
Why Plaintiff Won:
The court found sufficient grounds for permitting the plaintiff to withdraw the suit and institute a fresh suit.
The court found sufficient grounds for permitting the plaintiff to withdraw the suit and institute a fresh suit.
Losing Side's Weaknesses:
The court found sufficient grounds for permitting the plaintiff to withdraw the suit and institute a fresh suit.
The court found sufficient grounds for permitting the plaintiff to withdraw the suit and institute a fresh suit.
Supporting Evidence
Hence IA. 2625/2008 is allowed. Plaintiff is permitted to withdraw the suit with liberty to institute fresh suit in respect of the subject matter of this suit
Judgment Evidence:
Plaintiff is permitted to withdraw the suit with liberty to institute fresh suit in respect of the subject matter of this suit
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Cholakkal Pathumma Umma
- Relation
- W/o. Karattu Kadavath Muhammed
- Party Role
- Plaintiff
- Party Name
- Ayishummu
- Party Age
- 54
- Party Role
- Defendant
- Party Name
- Erukattil Narayanan
- Party Age
- 55
- Relation
- S/o. Sankaran
- Party Role
- Defendant
- Party Name
- Krishnan
- Party Age
- 47
Plaintiffs Documents
IA. 2625/2008
Defendants Documents
IA. 2625/2008
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P. Khaleel Ibrahim
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Nazir Ahammed
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Fresh Suit Permission
Outcome:
Granted
Description:
Plaintiff permitted to withdraw the suit with liberty to institute a fresh suit
Evidence:
Here I am satisfied that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of the suit or part of a claim.
Documents & Evidence
Case Classification
Case Type
Civil Suit - Boundary Fixation
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Boundary Dispute
Case Code
Case between Cholakkal Pathumma Umma et al vs Erukattil Narayanan et al regarding boundary fixation
Case Code Year
Case between Cholakkal Pathumma Umma et al vs Erukattil Narayanan et al regarding boundary fixation