Case between St. Mary’s Catholic Church, Perumbavoor et al vs Marymol Thomas regarding amendment of written statement.

Case Summary

The plaintiffs, led by St. Mary’s Catholic Church, filed a petition to amend a written statement regarding family tombs. The defendants contended that the petition was an attempt to circumvent previous admissions and should be dismissed.

Judgment Outcome

Defendant Won

Interim Order

The petition for amendment of the written statement was dismissed by the court. It was determined that the petitioners were not entitled to amend the statement as they were not representing the defendant church.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

No

The petition for amendment of the written statement was dismissed by the court. It was determined that the petitioners were not entitled to amend the statement as they were not representing the defendant church.

Key Reasoning:
The amendment was sought by a party not representing the first defendant church, and it was ruled that admissions in written statements cannot be withdrawn.

Why Defendant Won:
The amendment was sought by a party not representing the first defendant church, and it was ruled that admissions in written statements cannot be withdrawn.

Supporting Evidence

an admission made in the written statement cannot be permitted to be withdrawn by way of an amendment.

Judgment Evidence:

Hence, the petition stands dismissed.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: St. Mary’s Catholic Church, Perumbavoor

Party Role: Defendant
Party Name: Marymol Thomas
Relation: W/o

Plaintiffs Documents

Not available

Defendants Documents

Not available

Advocates

Party Role: Plaintiff
Advocate Name: P T Geevarghese
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sonnet Paul
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Ciju I S
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Declaration

Outcome: Refused

Description:

The petitioners sought to amend the written statement pertaining to family tombs.

Evidence:

I could not find the petitioners to be entitled for the amendment as prayed for. Hence, the petition stands dismissed.

Relief Type: Mandatory Injunction

Outcome: Refused

Description:

The petition sought a mandatory injunction concerning the allotment of family tombs.

Evidence:

In view of the decision of the Hon’ble High Court of Kerala in Jagathamma v. Indira and Others (2018 (2) KHC 885).

Documents & Evidence

Case Classification