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O.S No.154/2016

Case between C T Muraleedharan Nair vs Savithri Amma et al regarding declaration, recovery of possession and permanent prohibitory injunction.

Court
THE COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Jyothi Babu R.
Order Date
2025-01-31
Duration
approximately-8 years 11 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, C T Muraleedharan Nair, seeks declaration of title and recovery of possession of a property previously occupied by him. The defendants include Savithri Amma and C S Narayana Pillai, who are contesting the plaintiff's claim based on a prior decree.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit, ruling that the plaintiff could not establish his case.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, ruling that the plaintiff could not establish his case.
Key Reasoning:
The plaintiff was unable to establish his claim over the property.
Why Defendant Won:
The plaintiff was unable to establish his claim over the property.
Supporting Evidence
the plaintiff could not establish his case and hence he is not entitled to any relief.

Judgment Evidence:

In the result, The suit is dismissed. There is no order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
C T Muraleedharan Nair
Party Age
52
Relation
S/o
Party Role
Defendant
Party Name
Savithri Amma
Party Age
69
Relation
W/o
Party Role
Defendant
Party Name
C S Narayana Pillai
Party Age
67
Relation
S/o
Plaintiffs Documents
Copy of Partition Deed, Cash receipt, Copy of Ration Card, Copy of decree in O.S. No.16/2002, Copy of Judgment in O.S. No.16/2002.
Defendants Documents
Copy of Kachit, Copy of Power of Attorney, Copy of Execution Petition No.151/2013.

Advocates

Party Role
Plaintiff
Advocate Name
T.M.Xavierkutty
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Saranyamol M.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Jayakrishnan R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Amalu Mohan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
The plaintiff sought a declaration regarding their title over the plaint schedule property.
Evidence:
In the result, the suit is dismissed. There is no order as to costs.
Relief Type: Recovery
Outcome: Refused
Description:
The plaintiff sought recovery of possession of the discussed property.
Evidence:
In the result, the suit is dismissed. There is no order as to costs.
Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the defendants from trespassing.
Evidence:
In the result, the suit is dismissed. There is no order as to costs.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Exhibit A1 is the Partition deed no.1925/1953 that establishes ownership and rights to the property in question.
Reference:
Ext.A1
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
Exhibit A5 is the judgment in OS 16/2002 which was referenced to establish previous possession and title over the property.
Reference:
Ext.A5
Document Type: Execution Petition
Submitted By: Plaintiff
Relevance:
Exhibit A6 is the copy of the execution petition related to the earlier decree.
Reference:
Ext.A6
Document Type: Report
Submitted By: Plaintiff
Relevance:
Exhibit A8 is the report filed by the Amin after delivery of property to the plaintiffs.
Reference:
Ext.A8
Document Type: Kachit
Submitted By: Defendant
Relevance:
Exhibit B1 is a document referencing a property transaction by the defendant.
Reference:
Ext.B1
Document Type: Power of Attorney
Submitted By: Defendant
Relevance:
Exhibit B2 is the Power of Attorney related to the defendants.
Reference:
Ext.B2
Document Type: Execution Petition
Submitted By: Defendant
Relevance:
Exhibit B3 is a copy of the execution petition No.151/2013 related to the defendants.
Reference:
Ext.B3
Document Type: Commission Report
Submitted By: Court
Relevance:
Court exhibit C1 is a commission report prepared for this matter.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Court exhibit C1(a) is a rough sketch related to the commission report.
Reference:
Ext.C1(a)
Document Type: Various documents
Submitted By: Plaintiff
Relevance:
Collectively these exhibits include cash receipts, ration card, orders, notices, etc. supporting the plaintiffs' claims.
Reference:
Ext.A2 to Ext.A13
Document Type: Various documents
Submitted By: Defendant
Relevance:
Collectively these exhibits pertain to the defendants' claims regarding property rights and transactions.
Reference:
Ext.B1 to Ext.B4

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Property dispute
Case Code
Case between C T Muraleedharan Nair vs Savithri Amma et al regarding declaration, recovery of possession and permanent prohibitory injunction.
Case Code Year
Case between C T Muraleedharan Nair vs Savithri Amma et al regarding declaration, recovery of possession and permanent prohibitory injunction.

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Sun, 01/31/2016 - 12:00
Case Closed
From
Sun, 01/05/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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