Case Summary
This case involves a review petition filed by the additional 5th defendant, Aneesh Chandran K P, challenging an order allowing amendments to the plaint in the original suit. The plaintiff argues that the review petition discloses no error and seeks to enforce a parking space issue against the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Review Petition
Final Judgment
No
The court allowed the review petition, setting aside the previous order in I.A. No. 11/2023 to rehear it based on the additional defendant's counter affidavit.
Why Plaintiff Won:
The court found merit in the review petition due to an error apparent on record regarding the consideration of the counter affidavit.
The court found merit in the review petition due to an error apparent on record regarding the consideration of the counter affidavit.
Losing Side's Weaknesses:
The court found merit in the review petition due to an error apparent on record regarding the consideration of the counter affidavit.
The court found merit in the review petition due to an error apparent on record regarding the consideration of the counter affidavit.
Supporting Evidence
The court concluded that there was an error apparent on the record while passing the order in IA 11/2023 as the counter affidavit filed by the additional 5th defendant was omitted to be looked into.
Judgment Evidence:
In the result, the above petition is allowed. Order dated 07.03.2025 in IA 11/2023 is reviewed and order in IA 11/2023 is set aside to rehear the IA 11/2023 based on the counter affidavit of the 5th defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rekha Sunil Roy
- Party Age
- 50
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- M N Kannanunni
- Party Role
- Plaintiff
- Party Name
- Suchetha Kannan
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Head – Customer Relations, M/s Desai Homes
- Party Role
- Plaintiff
- Party Name
- DD Platinum Planet Apartment Owners Association
- Relation
- represented by its Secretary
- Party Role
- Defendant
- Party Name
- Aneesh Chandran K P
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- M P Ramnath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bepin Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sandhya S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shalu Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajesh Kottakkal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Deepak S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Antony Tharian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ajesh K Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Johnson Gomez
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N Ratheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suma Retheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aravind Ajith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Binu Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishnapriya T M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mahesh Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Review of the order dated 07.03.2025 in IA 11/2023.
Evidence:
Accordingly I find merit in the petition.
Relief Type:
Other
Outcome:
Set Aside
Description:
Order dated 07.03.2025 in IA 11/2023 is reviewed and order in IA 11/2023 is set aside to rehear the IA 11/2023 based on the counter affidavit of the 5th defendant.
Evidence:
Order dated 07.03.2025 in IA 11/2023 is reviewed and order in IA 11/2023 is set aside to rehear the IA 11/2023 based on the counter affidavit of the 5th defendant.
Documents & Evidence
Case Classification
Case Type
Review Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Rekha Sunil Roy et al vs Aneesh Chandran K P regarding review of order in I.A. No. 11/2023
Case Code Year
Case between Rekha Sunil Roy et al vs Aneesh Chandran K P regarding review of order in I.A. No. 11/2023