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O.S. No. 552/2018

Case between Chandran vs Lakshmikutty et al regarding partition of property

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K. Dinamany
Order Date
2024-12-21
Duration
approximately-6 years

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The case involves a petition for partition of property filed by the plaintiff Chandran against his deceased mother and other defendants. The plaintiff alleges that the defendants are attempting to change revenue records related to the property.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiff's petition for a temporary injunction, as the plaintiff failed to establish a prima facie case and the balance of convenience favored the defendants. The court noted that the property records had already been changed.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff failed to prove a prima facie case and the balance of convenience was not in his favor.

Judgment Evidence:

In the result, petition is dismissed with costs.

Parties Involved

Plaintiffs

Chandran (56 years) Athirkandathil House, Thekkumbhagam Village, Tripunithura, Kanayannoor Taluk, Ernakulam District, Pin- 682301

Defendants

Lakshmikutty (82 years) Athirkandathil House, Thekkumbhagam Village, Tripunithura, Kanayannoor Taluk, Ernakulam District, Pin- 682301 Chenchulakshmi (56 years) Athirkandathil House, Thekkumbhagam Village, Tripunithura, Kanayannoor Taluk, Ernakulam District, Pin- 682301 Jayalakshmi (58 years) P D Madom, Opposite to New Bus Stand Tripunithura, Tripunithura, Kanayannoor Taluk, Ernakulam District, Pin- 682301 Dhanalakshmi (54 years) Athirkandathil House, Thekkumbhagam Village, Tripunithura, Kanayannoor Taluk, Ernakulam District, Pin- 682301

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
The petitioner sought a temporary injunction to prevent changes in village records.
Evidence:
Therefore, the court is satisfied that the plaintiff has failed to prove a prima facie case in his favour and the balance of convenience is also not in the favour of the plaintiff.

Documents & Evidence

Document Type: Reply under Right to Information Act
Submitted By: Plaintiff
Relevance:
This document contains a reply received by the plaintiff from the village officer regarding the current Thandapper register.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
These tax receipts demonstrate the 4th defendant's remittance of land tax related to the property in question.
Reference:
Exts.B1 and B2

Quick Facts

Location
Ernakulam
Case Filed
Mon, 01/01/2018 - 12:00
Outcome Confidence
80%

Involved Entities

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