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ORIGINAL SUIT NO. 132 OF 2013

Case between Kodiyamkunnath Moideen Kutty et al vs Karukayil Sathian et al regarding construction agreement

Court
Court of the Munsiff of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-01-31
Duration
4 years

Judgement document from eCourt website

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Case Summary

Plaintiff sought permanent prohibitory injunction against defendant for failing to complete construction work as per agreements and making false allegations.

Judgment Outcome

Defendant Won
Interim Order
The suit filed by the plaintiff for permanent prohibitory injunction was dismissed with costs due to failure to establish a cause of action against the defendant.
Judgment Favored
Defendant
Relief Granted
Suit dismissed with costs
Case Type
Civil Suit - Permanent Prohibitory Injunction
Final Judgment
No
Key Reasoning:
No cause of action established against the defendant.

Judgment Evidence:

Considering the above said facts, the suit is dismissed with costs.

Parties Involved

Plaintiffs

Kodiyamkunnath Moideen Kutty (39 years) Thriprangode amsom, Kazhinhikkara desom, Post Poyillisseri, Tirur Taluk Muhammed Shafi (Age not specified years) Kayalmadathil House, Athavanadu amsom desom & Post, Tirur Taluk

Defendants

Karukayil Sathian (35 years) Thrikandiyur amsom, Annara desom, Post Tirur-1

Reliefs

Relief Type: Permanent Prohibitory Injunction
Outcome: Refused
Description:
To restrain defendant from obstructing construction work
Evidence:
The suit was dismissed with costs due to failure to establish a cause of action against the defendant.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Detailing the terms of the construction agreement
Reference:
A1 : 1-8-2011 : Agreement
Document Type: Detailed Estimate
Submitted By: Plaintiff
Relevance:
Cost estimate for the residential building construction
Reference:
A2
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice informing repudiation of agreement
Reference:
A3(a): 25-03-2013: Registered lawyer notice
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Proof of delivery of notice
Reference:
A3(b): 26-03-2013: Postal receipt
Document Type: Acknowledgement
Submitted By: Plaintiff
Relevance:
Acknowledgment of communication
Reference:
A3(c) : 27-03-2013: Acknowledgement
Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Original agreement for construction
Reference:
A4 : 17-02-2010: Photo copy of Agreement

Quick Facts

Location
Tirur
Case Filed
Thu, 01/31/2013 - 12:00
Outcome Confidence
95%

Involved Entities

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