Case Summary
The case involves a petition by the 2nd defendant, Marykutty Thomas, to be struck off from the party array in a suit filed by Rosily.R and others for permanent prohibitory and mandatory injunctions. The court determined that the presence of the 2nd defendant was not necessary for the adjudication of the case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition to strike off the 2nd defendant from the party array was allowed by the court, determining that the 2nd defendant's presence was not necessary for the case.
Why Plaintiff Won:
The court found that the 2nd defendant was improperly joined and her presence was not necessary for the case.
The court found that the 2nd defendant was improperly joined and her presence was not necessary for the case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The presence of 2nd defendant is not necessary to enable this court effectually and completely to adjudicate upon and settle all the questions involved in the suit.
Judgment Evidence:
In the result, the petition is allowed and the name of 2nd defendant is struck off from the party array.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rosily.R
- Party Age
- 75
- Relation
- W/o Y.Soman
- Party Role
- Plaintiff
- Party Name
- Kanakaraj
- Relation
- S/o Selvaraj
- Party Role
- Plaintiff
- Party Name
- Manju.K.Jeevan
- Party Role
- Defendant
- Party Name
- Marykutty Thomas
- Relation
- W/o Roy Looke
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. Rajaprathap.S.J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rohit Raj
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.S. Suresh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreenath.S.Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. R.Kavitha
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Bhagavath Singh.C.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Arya.P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The name of 2nd defendant is struck off from the party array.
Evidence:
Hence the petition is allowed and the name of 2nd defendant is struck off from the party array.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2023