Case Summary
Grace Cherian filed a petition for amendment of the plaint seeking a mandatory injunction to evict Suresh Babu T from her property, claiming he has no legal right to occupy it. The petition was dismissed by the court.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petition was dismissed due to lack of merits and failure to comply with prior court orders.
The petition was dismissed due to lack of merits and failure to comply with prior court orders.
Judgment Evidence:
In the result, Petition is dismissed. No order as to costs.
Parties Involved
Plaintiffs
Grace Cherian (81 years)
Meleth House, A M Road, Perumbavoor, Ernakulam District
Defendants
Suresh Babu T (46 years)
Thottathil House, Nellayi Desom, Ottappalam, Palakkad District. Also at 61/77 A IFP, Road, Opposite Kasavukada, Pallimukku, Ernakulam, 682 016
Kiran M B (46 years)
Mancharambath House, Kundaliyur, Vadanappally, Thrissur District - 680 616
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Directing the 1st defendant to vacate the residential portions and to declare that the 1st respondent has no legal right to occupy the property.
Evidence:
Hence satisfied that this petition has no merits, especially when there is no prayer for amendment of pleadings to show that defendant is in illegal possession of building and plaintiff is entitled for mesne profits.
Relief Type:
Damages
Outcome:
Refused
Description:
To recover damages amounting to Rs.1 lakh from October 31 2021 to October 9, 2023 and Rs.1 lakhs from 9th October 2023 till plaintiff is placed in actual physical possession of building.
Evidence:
Hence petition is liable to be dismissed.