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
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.
Judgment Evidence:
In the result, the petition is allowed.
Parties Involved
Plaintiffs
John Douglas Bivera (62 years years)
Thekkeanassery house, Thevara Post, Cochin - 682 013.
Ansily Luiz (65 years years)
Cherupunathil house, Peter Correya road, Pachalam Post, Kochi - 682 012.
Defendants
Percy Prakasia (72 years years)
Arakkal House, Kalapurakkal Parambu, Perumanoor, Kochi - 15
James Perira (Age not specified years)
9/460B, Agnes Convent road, Nazreth, Kochi - 682 002.
John Rebello (76 years years)
Pallekatty house, Edakochi, Kochi - 682 010.
Patric Liveira (56 years years)
Manthra house, New water tank road, Ochanthuruth - 682 508.
George Sequira (75 years years)
H.No. 5/331, Sequira Nivas, East Nada, Elankunnapuzha, Pin - 682 503.
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