Case Summary
Chanthukutty @ Radhakrishnan filed a suit against Narayanan Nair NV and BP Soumini seeking cancellation of a document and a permanent prohibitory injunction. The plaintiff claims rights over the plaint schedule property, which he asserts was wrongfully mortgaged as security.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Cancellation of document No. 2025/1999 and a permanent prohibitory injunction against the defendants from alienating the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, cancelling the disputed document and issuing a permanent prohibitory injunction against the defendants.
Why Plaintiff Won:
The unchallenged evidence showed the plaintiff's entitlement to a decree as prayed for.
The unchallenged evidence showed the plaintiff's entitlement to a decree as prayed for.
Losing Side's Weaknesses:
The unchallenged evidence showed the plaintiff's entitlement to a decree as prayed for.
The unchallenged evidence showed the plaintiff's entitlement to a decree as prayed for.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A9 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. That document No. 2025/1999 of Kakkodi SRO is hereby cancelled. 2. The defendants are restrained by a decree of permanent prohibitory injunction from alienating the plaint schedule property and from committing waste therein by virtue of sale deed No. 2025/1999 of Kakkodi SRO. 3. The plaintiff is entitled to get the costs of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chanthukutty @ Radhakrishnan
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Narayanan Nair NV
- Party Age
- 84
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- BP Soumini
- Party Age
- 77
- Relation
- W/o
Plaintiffs Documents
Certified copy of jenmam assignment deed No.2205/99, Demand notice issued by Special Deputy Thahasildar, Orders in PLP (D)35590/2015 and PLP (D)35595/2015 of District Legal Service Authority, Ownership certificate issued by Kuruvattoor Grama Panchayath, Land Tax receipts, Notice Number 9016/24-25 issued by Deputy Collector.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Unnikrishnan Puthalath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K Madhumohanan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Cancellation
Outcome:
Granted
Description:
Cancellation of document No. 2025/1999.
Evidence:
Suit is decreed as follows: 1That document No. 2025/1999 of Kakkodi SRO is hereby cancelled.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against the defendants from alienating the property.
Evidence:
The defendants are restrained by a decree of permanent prohibitory injunction from alienating the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to receive costs of the suit from defendants.
Evidence:
The plaintiff is entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Certified copy of Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Demonstrates ownership and right over the property in question.
Reference:
Ext.A1
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Shows prior legal actions taken regarding the property.
Reference:
Ext.A2
Document Type:
Order
Submitted By:
Court
Relevance:
Related to settlement of a previous financial complaint.
Reference:
Ext.A3
Document Type:
Order
Submitted By:
Court
Relevance:
Related to settlement of another financial complaint.
Reference:
Ext.A4
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's claim over the property.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's continuous ownership and responsibility towards the property.
Reference:
Ext.A6
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's continuous ownership and responsibility towards the property.
Reference:
Ext.A6(a)
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's continuous ownership and responsibility towards the property.
Reference:
Ext.A6(b)
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's continuous ownership and responsibility towards the property.
Reference:
Ext.A6(c)
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's continuous ownership and responsibility towards the property.
Reference:
Ext.A6(d)
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's continuous ownership and responsibility towards the property.
Reference:
Ext.A6(e)
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's continuous ownership and responsibility towards the property.
Reference:
Ext.A6(f)
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's continuous ownership and responsibility towards the property.
Reference:
Ext.A6(g)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicates legal notice given to the defendants regarding the property.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Unknown
Relevance:
Associated with the lawyer notice document.
Reference:
Ext.A7(a)
Document Type:
Acknowledgment card
Submitted By:
Unknown
Relevance:
Associated with the lawyer notice document.
Reference:
Ext.A7(b)
Document Type:
Notice
Submitted By:
Court
Relevance:
Relevant to a previous notice issued regarding financial obligations.
Reference:
Ext.A8
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Documents the agreement between the plaintiff and the 1st defendant regarding loan security.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Chanthukutty @ Radhakrishnan vs Narayanan Nair NV et al regarding cancellation of document and permanent prohibitory Injunction
Case Code Year
Case between Chanthukutty @ Radhakrishnan vs Narayanan Nair NV et al regarding cancellation of document and permanent prohibitory Injunction