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O.S. No. 1397/2016

Case between Ciby Varghese et al vs M/s Calista Real Estate Private Limited et al regarding permission to withdraw suit with liberty to file fresh suit.

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2026-01-09
Duration
approximately-9 years 0 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, including Ciby Varghese and others, seek to withdraw their suit against multiple defendants, including various real estate companies, to file a fresh suit concerning property development issues. The court assessed the conflict around building permits and violations of legal stipulations.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the plaintiffs to withdraw the existing suit and granted them liberty to file a fresh suit due to substantial grounds.
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs are allowed to withdraw the suit with liberty to file fresh suit.
Case Type
Civil Suit
Final Judgment
No
The court allowed the plaintiffs to withdraw the existing suit and granted them liberty to file a fresh suit due to substantial grounds.
Why Plaintiff Won:
Sufficient grounds were made out to allow withdrawal for filing a fresh suit.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The court is satisfied that there are sufficient ground to permit the plaintiff to withdraw suit with liberty to file fresh suit, as cause of action subsists.

Judgment Evidence:

In the result, 1) Petition is allowed accordingly, suit is dismissed as withdrawn.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ciby Varghese
Party Age
42
Relation
S/o
Party Role
Plaintiff
Party Name
Gina Varghese
Party Age
37
Relation
W/o
Party Role
Plaintiff
Party Name
Alex Varghese
Party Age
51
Relation
S/o
Party Role
Plaintiff
Party Name
Hazele Alex
Party Age
42
Relation
W/o
Party Role
Plaintiff
Party Name
Deepak Ambalakandi
Party Age
33
Relation
S/o
Party Role
Defendant
Party Name
M/s Calista Real Estate Private Limited
Relation
represented by its Managing Director
Party Role
Defendant
Party Name
M/s Hestia Realtors Private Limited
Relation
represented by its Managing Director
Party Role
Defendant
Party Name
M/s Amon Estates Private Limited
Relation
represented by its Managing Director
Party Role
Defendant
Party Name
M/s DLF Southern Towns Private Limited
Relation
represented by its Managing Director
Party Role
Defendant
Party Name
M/s DLF Southern Towns Private Limited
Relation
represented by its Authorised Officer
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K S Sajeevkumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sam Zachariah
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M Gopikrishnan Nambiar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
John Mathai K
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Joson Manavalan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Kesavaraj Nair
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Navod Prasannan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ajit G Anjarlekar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Amrin Fathima
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sincy Jacob
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Stefin Thomas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Philip T Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Thomas T Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Denny Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
G Padmakumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Subha Abraham
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sithara Hamza
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shaji Antony
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Permission to withdraw the suit with liberty to file a fresh suit
Evidence:
This court is satisfied that there are sufficient ground to permit the plaintiff to withdraw suit with liberty to file fresh suit, as cause of action subsists

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
Case between Ciby Varghese et al vs M/s Calista Real Estate Private Limited et al regarding permission to withdraw suit with liberty to file fresh suit.
Case Code Year
Case between Ciby Varghese et al vs M/s Calista Real Estate Private Limited et al regarding permission to withdraw suit with liberty to file fresh suit.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 01/01/2016 - 12:00
Case Closed
From
Thu, 01/01/2026 - 12:00
To
Wed, 01/21/2026 - 12:00
Outcome Confidence
90%

Involved Entities

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