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OS. No.49/2023

Case between Lekha Murali et al vs T.P.Tomy regarding petition to delete party from suit

Court
THE COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt.Sirsha.N.A.
Order Date
2024-07-17
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a petition filed by the 3rd defendant, T.P.Tomy, to be deleted from the party array in a civil suit concerning a permanent prohibitory injunction. The plaintiffs are seeking to restrain the defendants from providing access to certain roads in the housing project.

Judgment Outcome

Plaintiff Won
Interim Order
The petition to delete the 3rd defendant from the party array was allowed as he was not found to be a necessary party to the suit.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition to delete the 3rd defendant from the party array was allowed as he was not found to be a necessary party to the suit.
Why Plaintiff Won:
The court determined that the 3rd defendant was not a necessary party to the suit and hence permitted the deletion.
Losing Side's Weaknesses:
The court determined that the 3rd defendant was not a necessary party to the suit and hence permitted the deletion.
Supporting Evidence
The petition is allowed as the 3rd defendant is not a necessary or formal party in connection with the subject matter involved in the above suit.

Judgment Evidence:

As the Defendant No.3/petitioner is not found to be a necessary party to the suit, the petitioner is hereby delete as D3 from the party array.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Lekha Murali
Party Age
50
Relation
W/o
Party Role
Plaintiff
Party Name
Neema A.M
Party Age
35
Relation
W/o
Party Role
Plaintiff
Party Name
N.Rajesh
Party Age
51
Relation
S/o
Party Role
Plaintiff
Party Name
C.P. Rajesh
Party Age
51
Relation
S/o
Party Role
Plaintiff
Party Name
Santhosh V.S
Party Age
45
Relation
S/o
Party Role
Defendant
Party Name
T.P.Tomy
Party Age
62
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Malleenathan M
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
A.K. Jayaprakash
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Harikrishnan. R
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The petitioner is hereby deleted as D3 from the party array.
Evidence:
As the Defendant No.3/petitioner is not found to be a necessary party to the suit, the petitioner is hereby delete as D3 from the party array.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Lekha Murali et al vs T.P.Tomy regarding petition to delete party from suit
Case Code Year
Case between Lekha Murali et al vs T.P.Tomy regarding petition to delete party from suit

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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