Case Summary
The case involves a dispute over property where the plaintiff seeks a prohibitory injunction against the defendants. The 2nd defendant has requested to reopen evidence in order to present additional information regarding the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Evidence of 2nd defendant reopened on payment of Rs.500/- to respondent within 7 days.
Case Type
Civil Suit
Final Judgment
No
The petition to reopen the evidence of the 2nd defendant has been allowed by the court. The court found that it is necessary to examine additional witnesses for a proper adjudication.
Why Plaintiff Won:
The court determined that reopening evidence is essential for a fair and effective adjudication of the case.
The court determined that reopening evidence is essential for a fair and effective adjudication of the case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Considering the pleadings of both sides, this court is satisfied that the examination of additional witnesses and production of the document is essential and necessary for a proper and effective adjudication of the suit on merits.
Judgment Evidence:
In the result, 1) Petition is allowed. 2) Evidence of 2nd defendant reopened on payment of cost of Rs.500/- to respondent within 7 days.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nicemol Nishad alias Nice Nisha
- Party Age
- 34
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mohanan
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sushanth.J.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Zakir Hussain
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nikhil.U.Gopinath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Allowed reopening of the evidence for the 2nd defendant.
Evidence:
Accordingly, I find merit in the above petition.
Relief Type:
Other
Outcome:
Granted
Description:
Ordered payment of costs to the respondent.
Evidence:
However, to meet the ends of justice costs has to ordered to respondent.
Documents & Evidence
Document Type:
Exhibit
Submitted By:
Plaintiff
Relevance:
Marked as evidence submitted by the plaintiff in support of their case.
Reference:
Exts.A1 to A6
Document Type:
Advocate Commissioner Report
Submitted By:
Court
Relevance:
Marked as evidence submitted by the Advocate Commissioner based on inspection.
Reference:
Ext.C1
Document Type:
Additional Document
Submitted By:
Court
Relevance:
Marked as additional evidence relevant to the case.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2017