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O.S No. 449/2022

Case between Varghese Varkey vs Abraham T Cheriyan regarding Civil Suit

Court
THE I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2024-08-08
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Varghese Varkey, is involved in a civil suit against the defendant, Abraham T Cheriyan, regarding possession of a building. The court found the plaintiff absent and dismissed the suit due to lack of evidence and the prior surrender of possession.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit after determining that possession had already been surrendered by the plaintiff. The plaintiff's motion to adjourn evidence was denied due to lack of required documentation.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit after determining that possession had already been surrendered by the plaintiff. The plaintiff's motion to adjourn evidence was denied due to lack of required documentation.
Key Reasoning:
The defendant successfully argued that the suit was infructuous because the plaintiff had already surrendered possession.
Why Defendant Won:
The defendant successfully argued that the suit was infructuous because the plaintiff had already surrendered possession.
Supporting Evidence
The defendant has filed counter affidavit stating that the possession of the building has already been surrendered by the plaintiff herein and the current suit is thus infructous.

Judgment Evidence:

Hence, the suit is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Varghese Varkey
Party Age
60
Party Role
Defendant
Party Name
Abraham T Cheriyan
Plaintiffs Documents
No proof affidavit, No medical certificate.
Defendants Documents
Counter affidavit.

Advocates

Party Role
Plaintiff
Advocate Name
C.N.Sreekumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Manju Paul
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sabu P Joseph
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Anil Prasad
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Arya K.K
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Lijo Varghese
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Beyon T Varghese
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
K.V.Jayachandran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Raju V Mathew
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Other
Outcome: Rejected
Description:
IA 3/24 filed to adjourn the evidence was dismissed.
Evidence:
IA 3/24 is dismissed.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Varghese Varkey vs Abraham T Cheriyan regarding Civil Suit
Case Code Year
Case between Varghese Varkey vs Abraham T Cheriyan regarding Civil Suit

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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