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
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.
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.
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