Case Summary
This case involves a review petition filed by the plaintiffs seeking to restore the original suit which was stayed due to a prior case. The plaintiffs argue that the earlier suit has been dismissed, allowing them to proceed with their case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Review Petition
Final Judgment
No
The petition to restore the original suit has been allowed by the court, determining that the previous stay order is vacated due to the dismissal of the prior suit.
Why Plaintiff Won:
The previous suit was dismissed, allowing the current suit to proceed.
The previous suit was dismissed, allowing the current suit to proceed.
Losing Side's Weaknesses:
The previous suit was dismissed, allowing the current suit to proceed.
The previous suit was dismissed, allowing the current suit to proceed.
Supporting Evidence
The suit is to be proceeded with, as the previously instituted suit has been dismissed.
Judgment Evidence:
In the result, the petition is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- John Douglas Bivera
- Party Age
- 62
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ansily Luiz
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Percy Prakasia
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- James Perira
- Party Role
- Defendant
- Party Name
- John Rebello
- Party Age
- 76
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Patric Liveira
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- George Sequira
- Party Age
- 75
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Abhilash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fathima Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gopika T.G
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ahsana
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Prakash P George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.V.Sanosh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Neethu Nalinakshan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.K.Ravisankar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Santhan V Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Riya Kochumman
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Aiswarya Ajayaghosh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Arathy Nair S.R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Manu Roy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Eliswa Saritha
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The plaintiffs sought to restore proceedings in O.S. No. 593/2023 after the earlier suit was dismissed.
Evidence:
Hence, the point is found in favour of the petitioners. The suit is to be proceeded with.
Documents & Evidence
Document Type:
Judgment
Submitted By:
Court
Relevance:
Certified copy of the judgment dated 16.09.2023 in O.S. No. 410/2019, which was referenced to support the current petition.
Reference:
Annexure-A
Case Classification
Case Type
Review Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between John Douglas Bivera et al vs Percy Prakasia et al regarding review petition
Case Code Year
Case between John Douglas Bivera et al vs Percy Prakasia et al regarding review petition