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O.S No. 399/2019

Case between Antony vs Vimala regarding mandatory and prohibitory injunction

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-01-30
Duration
approximately-5 years 24 days

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, Antony, is the brother of the defendant, Vimala. The case revolves around a dispute concerning property access and the construction of a compound wall.

Judgment Outcome

Defendant Won
Interim Order
The suit and the counterclaim are dismissed, and both parties are directed to bear their own costs.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff failed to establish his possession and right over the disputed property as claimed.

Judgment Evidence:

In the result, the suit and the counterclaim are dismissed. The parties are directed to suffer their respective costs.

Parties Involved

Plaintiffs

Antony (48 years) Kadavileveettil House, Nettoor Desom, Maradu Village, Kanayannur Taluk, PIN – 682 040

Defendants

Vimala (44 years) Thachappilly House, Nettoor Desom, Maradu Village, Kanayannur Taluk, PIN – 682 040

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Settlement Deed No. 4272/1999 of SRO, Maradu showing the plaintiff's entitlement to the property.
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Settlement Deed No. 4273/1999 of SRO, Maradu relevant to the property distribution.
Reference:
Ext.A2
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Settlement Deed No. 4274/1999 of SRO, Maradu concerning the defendant's property rights.
Reference:
Ext.A3
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Land Tax Receipt issued by Maradu Village demonstrating the plaintiff's possession of the property.
Reference:
Ext.A4
Document Type: Complaint
Submitted By: Defendant
Relevance:
Copy of Complaint filed before SHO, Panangad Police Station related to property obstruction.
Reference:
Ext.B1
Document Type: Extract of Register Petition
Submitted By: Defendant
Relevance:
Copy of Extract of Register Petition referred to in the case (subject to proof).
Reference:
Ext.B2
Document Type: Document
Submitted By: Defendant
Relevance:
Certified copy of Document No. 4274/1999 that relates to the property in question.
Reference:
Ext.B3
Document Type: Land Tax Receipt
Submitted By: Defendant
Relevance:
Land Tax Receipt relevant to the defendant's property.
Reference:
Ext.B4
Document Type: Document
Submitted By: Defendant
Relevance:
Document regarding the alleged sale between parties (marked subject to objection).
Reference:
Ext.B5

Quick Facts

Location
Ernakulam, Kerala
Case Filed
Wed, 01/30/2019 - 12:00
Outcome Confidence
75%

Involved Entities

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