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OS 294/2018

Case between Sainu B vs B Shamsunahar et al regarding the existence of a partnership firm

Court
COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Jyothi Babu R.
Order Date
2025-07-09
Duration
approximately-7 years 3 months
Case Code No.
294
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Sainu B, the 4th defendant, filed a petition arguing that O.S.294/2018 should be stayed due to overlapping issues with another pending suit, O.S.44/2018, regarding the dissolution of a partnership firm. The Municipality is involved as a counter petitioner.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition to stay the proceedings in I.A.3/2024 until O.S.44/2018 is disposed of, as the matters in issue are significantly similar.
Judgment Favored
Plaintiff
Relief Granted
Stay the proceedings in OS.294/2018.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to stay the proceedings in I.A.3/2024 until O.S.44/2018 is disposed of, as the matters in issue are significantly similar.
Why Plaintiff Won:
The court found the issues in both suits to be almost the same, justifying a stay.
Losing Side's Weaknesses:
The court found the issues in both suits to be almost the same, justifying a stay.
Supporting Evidence
It appears that the matter in issue in both suits are almost the same.

Judgment Evidence:

In the result, I.A.3/2024 is allowed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sainu B
Party Age
50
Relation
W/o
Party Role
Defendant
Party Name
B Shamsunahar
Relation
W/o
Party Role
Defendant
Party Name
Kottayam Municipality
Relation
represented by its Secretary
Party Role
Defendant
Party Name
Health Superviser, Kottayam Municipality
Party Role
Defendant
Party Name
Health Officer, Kottayam Municipality
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Zakhier Huzzain
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P A Rabeez
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Dominic Sebastian
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The petitioner prayed to stay the proceedings in their suit under Section 10 CPC.
Evidence:
In such a circumstance, it would be appropriate to stay the proceedings in this case till OS.44/2018 is disposed of.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
OS
Case Code Year
2018

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Wed, 03/28/2018 - 12:00
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Municipality

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