O.S. No. 370/2023

Case between Indira Devi et al vs Bindhu Prabhakaran et al regarding impleading petition for additional defendants

Court

COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER

Judge

Smt. REEJA R. NAIR.

Order Date

2025-11-06

Duration

Judgement document from eCourt website

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Case Summary

The petitioners, Indira Devi and others, are seeking to be added as defendants in a case filed by Bindhu Prabhakaran and others regarding the use of a public pathway. They argue that the plaintiffs are incorrectly claiming ownership of the pathway, which the petitioners have used for over 40 years.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the petition to add the petitioners as additional defendants, stating their presence is necessary for a complete adjudication of the issues involved in the case.

Judgment Favored

Plaintiff

Relief Granted

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The petitioners are necessary parties whose rights will be adversely affected without their inclusion.

Judgment Evidence:

In the result, the petition is allowed.

Parties Involved

Plaintiffs

Indira Devi (76 years) Thenkattil, Aysha Road, Ponnurunni, Vyttila P.O, Ernakulam, Pin-682019 Sobha C (48 years) Thulaseedalam, Aysha Road, Ponnurunni, Vyttilla P.O, Ernakulam, Pin-682019 Syam C. Pillai (41 years) ARRA-16, Thenkattil house, Aysha Road, Ponnurunni, Vyttila P.O, Ernakulam-682019 Kaladevi T.N (61 years) Harisree, Thenkattil Lane, Aysha Road, Ponnurunni, Vyttila P.O, Ernakulam, Pin-682019 Anitha T.N (58 years) Rohiny, Thenkattil, Aysha Road, Ponnurunni, Vyttila P.O, Ernakulam, Pin-682019

Defendants

Bindhu Prabhakaran (53 years) Koothappillil house, Ponnurunni Desom, Poonithura Village, Kanayannur Taluk K.P. Shanly (57 years) Koothappillil house, Ponnurunni Desom, Poonithura Village, Kanayannur Taluk Kochi Corporation (Age not specified years) Office at Corporation Buildings, Opp. Boat Jetty, Ernakulam, Kochi-682011 Secretary, Kochi Corporation (Age not specified years) Office at Corporation Buildings, Opp. Boat Jetty, Ernakulam, Kochi-682011 Dipin Dileep (33 years) House No.48/850, Chathenkerithundi, Ponnurunni, Vyttila, Kochi-682019

Reliefs

Relief Type: Other

Outcome: Granted

Description:

The petitioners are to be impleaded in the array of the parties as additional defendants 4 to 11.

Evidence:

In the result, the petition is allowed. Having considered the facts and circumstances, there is no order as to costs.