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
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.
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
Plaintiffs
Rekha Sunil Roy (50 years)
T N, Flat No. 5V, DD Platinum Planet, Kathrikadavu, Kaloor 682 017
M N Kannanunni (Age not specified years)
Flat No. 16U, DD Platinum Planet, Kathrikadavu, Kaloor, Kochi- 682 017
Suchetha Kannan (Age not specified years)
Flat No. 16U, DD Platinum Planet, Kathrikadavu, Kaloor, Kochi- 682 017
Head – Customer Relations, M/s Desai Homes (Age not specified years)
DD Trade Towers, 2nd Floor, Kaloor – Kadavanthra Road, Ernakulam, Kerala, Pin 682 017
DD Platinum Planet Apartment Owners Association (Age not specified years)
Kaloor, Kochi 682 017
Defendants
Aneesh Chandran K P (42 years)
Anesh Nilayam, “Nivedyam”, Elayavoor Village, Kannur Taluk, Varam P O, Kannur District, Pin 670 594
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.