Case Summary
The case involves a dispute over the ownership of a building referred to as the 'tharavad' and whether the defendants can be restrained from demolishing it. The plaintiffs are seeking an injunction against the defendants who claim ownership over the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Allowed the petition to accept documents on record, subject to payment of costs of Rs.1,000/- to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to accept the documents submitted by the defendants for consideration in the case, stipulating payment of costs to the plaintiff.
Key Reasoning:
The defendants provided reasonable explanation for the late submission of documents and there was no evidence of mala fides.
The defendants provided reasonable explanation for the late submission of documents and there was no evidence of mala fides.
Why Defendant Won:
The defendants provided reasonable explanation for the late submission of documents and there was no evidence of mala fides.
The defendants provided reasonable explanation for the late submission of documents and there was no evidence of mala fides.
Supporting Evidence
The petitioners have stated that these documents omitted to be produced due to an inadvertent mistake. It cannot be disputed that these documents are necessary for arriving at a just decision in the suit.
Judgment Evidence:
In the result, the petition is allowed subject to payment of costs of Rs.1,000/- to the 1st respondent/plaintiff within 7 days from the date of order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.K. Bhaskaran
- Party Age
- 94
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sarala
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sumithra
- Party Age
- 37
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sanal
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandralekha
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Suchithra
- Party Age
- 38
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rajesh
Plaintiffs Documents
Relevant documents submitted include ownership and possession claims.
Defendants Documents
Land and building tax receipts issued by competent authorities.
Advocates
- Party Role
- Defendant
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.N. Manmadhan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.P. Jyothi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Minu V.A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reena Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Murukan E.M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rakesh P.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanal K.M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anup T. Paul
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Permission to accept certain documents on record.
Evidence:
Hence, for the above reasons, the petition to accept those documents can be allowed but the delay occasioned has to be compensated on payment of costs.
Relief Type:
Other
Outcome:
Granted
Description:
Payment of costs to the 1st respondent/plaintiff.
Evidence:
the petition is allowed subject to payment of costs of Rs.1,000/- to the 1st respondent/plaintiff within 7 days from the date of order.
Documents & Evidence
Document Type:
Land and Building Tax Receipts
Submitted By:
Plaintiff
Relevance:
Demonstrates the petitioners' lawful possession and title over the property.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.
Case Code Year
2014