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I.A No. 6/2024 in OS No. 42 / 2019

Case between Johnson vs Annamma et al regarding withdrawal and ratification of formal defect of counter claim and sanction to file fresh counterclaim

Court
THE COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha N.A
Order Date
2025-08-27
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Case involves Johnson as Second Defendant filing a petition for withdrawal and ratification of counterclaim with the court due to formal defects and lack of details in the previous counterclaim.

Judgment Outcome

Partial Relief
Interim Order
Petitioner allowed to withdraw the counterclaim with costs to the respondents and liberty to file a fresh claim.
Judgment Favored
Unknown
Relief Granted
Case Type
Civil Procedure Code petition for withdrawal and counterclaim
Final Judgment
No
Petitioner allowed to withdraw the counterclaim with costs to the respondents and liberty to file a fresh claim.
Key Reasoning:
Losing Side's Weaknesses:
Supporting Evidence

Judgment Evidence:

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Johnson
Party Age
59
Relation
S/o Abraham
Party Role
Defendant
Party Name
Annamma Abraham
Party Age
67
Relation
W/o Abraham
Party Role
Defendant
Party Name
Smitha K Joy
Party Age
43
Relation
D/o Joy
Party Role
Defendant
Party Name
Soumya K Joy
Party Age
41
Relation
D/o Joy
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Babu T Cherian
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.Y.Saju
Appearance Type
Main Counsel

Documents & Evidence

Document Type: Counterclaim
Submitted By: Plaintiff
Relevance:
Petitioner filed a counterclaim for declaration of easement rights, injunctions
Reference:
Document Type: Counterclaim
Submitted By: Defendant
Relevance:
Respondents contested the counterclaim alleging bad faith
Reference:

Case Classification

Case Type
Civil Procedure Code petition for withdrawal and counterclaim
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Johnson vs Annamma et al regarding withdrawal and ratification of formal defect of counter claim and sanction to file fresh counterclaim
Case Code Year
Case between Johnson vs Annamma et al regarding withdrawal and ratification of formal defect of counter claim and sanction to file fresh counterclaim

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Sat, 08/01/2026 - 12:00
To
Tue, 09/01/2026 - 12:00
Outcome Confidence
50%

Involved Entities

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