Case Summary
The plaintiffs, Mrs. Mini Shaji and Mr. Shaji K.S, filed a petition seeking permission to abandon certain reliefs in their suit. The defendants, Mr. Lukose. P. Mathew, Mrs. Aliamma Lukose, and Mr. Biju Lukose, objected to this abandonment.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition filed by the plaintiffs seeking to abandon certain reliefs, and consequently dismissed the original suit as not maintainable.
Key Reasoning:
The plaintiffs failed to establish any sufficient grounds for abandoning the reliefs claimed.
The plaintiffs failed to establish any sufficient grounds for abandoning the reliefs claimed.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiffs have not shown any formal defect in the plaint.
Judgment Evidence:
In the result; The petition filed by the plaintiffs under Order XXIII Rule 1 CPC is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs.Mini Shaji
- Party Age
- 35
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Mr. Shaji K.S
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Mr. Lukose. P. Mathew
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Aliamma Lukose @ Thankachi
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. Biju Lukose @ Bijo
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Alex George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.K. George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Permission to abandon reliefs ‘B’ and ‘C’ in the plaint.
Evidence:
The petition filed by the plaintiffs under Order XXIII Rule 1 CPC is dismissed.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
OS
Case Code Year
2013