Case Summary
The petitioner, P. Narayanan Nambiar, filed a petition to receive an additional counter claim after the trial had commenced. The plaintiff, P. Leela, objected to this petition, arguing that it was belated and not maintainable.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for receiving the additional counter claim was dismissed by the court.
Key Reasoning:
The court found that the petition was belated and an afterthought after the completion of evidence.
The court found that the petition was belated and an afterthought after the completion of evidence.
Why Defendant Won:
The court found that the petition was belated and an afterthought after the completion of evidence.
The court found that the petition was belated and an afterthought after the completion of evidence.
Supporting Evidence
The present petition is highly belated and it is filed only as an afterthought after completion of the evidence of the defendants for filling up the lacuna.
Judgment Evidence:
In the result, IA 9/2025 is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P. Leela
- Party Age
- 75
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Padmanabhan Nambiar
- Party Age
- 85
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P. Narayanan Nambiar
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. Anil Kumar. K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Ratheesh Kumar. K. K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Subramanyian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Arunkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The petitioner requested to accept the additional counter claim with the schedule for the relief of mandatory injunction.
Evidence:
In the result, IA 9/2025 is dismissed with costs.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
OS
Case Code Year
2023