Kuruvilla v. Varughese
Case brief
What is this about?
Plaintiff appealed dismissal of a suit claiming defendants removed sand beyond a clay-removal agreement from his paddy field. The court found no evidence that defendants removed sand or its quantity, and upheld the trial court's dismissal.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
RFA NO. 119 OF 2012
AGAINST THE JUDGMENT DATED 01.08.2011 IN O.S.NO.173 OF 2006 OF THE PRINCIPAL SUB COURT, KOTTAYAM
APPELLANT/PLAINTIFF:
KURUVILLA, S/O. KURIAKOSE, KARAMAYIL PUTHENPURAYIL HOUSE, VELLOOR KARA AND VILLAGE, VAIKOM TALUK. BY ADVS. SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY
RESPONDENTS/DEFENDANTS:
1 VARUGHESE,
S/O. ABRAHAM, PARASSERIL HOUSE, KARIKODU KARA, MULAKULAM VILLAGE, VAIKOM TALUK-686664.
Issues for consideration
1 issue framed by the court
Whether the trial court was right in dismissing the suit for damages for lack of evidence of illegal sand removal, in the light of Exts.C2 and C2(a) Commissioner's report.
Parties & counsel
- appellant
Kuruvilla
- respondent
Varugheese
- respondent
Alias
- respondent
Varugheese J. Abraham
Coram
Case details
As recorded by the court registry
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