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O.S 41/2022

Case between C.P John @ Kunjumon vs Thushara C.G regarding Mandatory injunction

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smt. Smitha Susan Mathew
Order Date
2025-03-28
Duration
approximately-2 years 3 months
Case Code No.
41
Case Closed
Fri, 03/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

C.P John @ Kunjumon is the plaintiff seeking a mandatory injunction against Thushara C.G. The plaintiff claims ownership of a property based on a will executed by his mother but the defendant denies these claims.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit filed by C.P John @ Kunjumon seeking a mandatory injunction against Thushara C.G.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by C.P John @ Kunjumon seeking a mandatory injunction against Thushara C.G.
Key Reasoning:
The plaintiff failed to prove his exclusive right over the property based on the will.
Why Defendant Won:
The plaintiff failed to prove his exclusive right over the property based on the will.
Supporting Evidence
Plaintiff failed to prove execution of Ext. A1. Mutation of the property to the name of plaintiff or payment of land tax receipt does not confer any right regarding immovable property to the plaintiff.

Judgment Evidence:

In the result the suit is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
C.P John @ Kunjumon
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
Thushara C.G
Party Age
34
Relation
W/o
Plaintiffs Documents
Will Deed No.171/3/012 of Pampady S.R.O. executed by Mariyam @ Maria, Land Tax receipt No. KL05021200861/2021 of Mundakayam Village, Land Tax receipt No.KL05021204927/2024 of Mundakayam Village
Defendants Documents
Will Deed No. 92/III/2011 of S.R.O., Erumely executed by Maria, Copy of bill payment receipt, Copy of Building Tax receipt No.1230204948/G051105 of Mundakayam Grama Panchayath.

Advocates

Party Role
Plaintiff
Advocate Name
K.S Asif
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sabitha G.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sony Thomas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Nevin Jacob John
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Plaintiff sought an order for the defendant to vacate the plaint schedule property.
Evidence:
Plaintiff failed to prove his exclusive right over plaint schedule property and the building therein based on Ext.A1.
Relief Type: Damages
Outcome: Not Decided
Description:
Plaintiff claimed damages related to the defendant's occupation of the property.
Evidence:
Issues concerning damages were raised but not clearly decided.

Documents & Evidence

Document Type: Will Deed
Submitted By: Plaintiff
Relevance:
Plaintiff presented the will deed executed by his mother to claim title over the plaint schedule property.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Plaintiff used this document to show payment of land tax for the property in question.
Reference:
Ext.A2
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Another land tax receipt used by the plaintiff to demonstrate his ownership claim.
Reference:
Ext.A3
Document Type: Will Deed
Submitted By: Defendant
Relevance:
Defendant produced this will deed as evidence to support her claim over the property.
Reference:
Ext.B1
Document Type: Bill Payment Receipt
Submitted By: Defendant
Relevance:
Document used to show that the defendant was paying electricity charges at the plaint schedule property.
Reference:
Ext.B2
Document Type: Building Tax Receipt
Submitted By: Defendant
Relevance:
Evidence showing that the building is still registered in the deceased's name.
Reference:
Ext.B3
Document Type: Demand Notice
Submitted By: Defendant
Relevance:
Notice issued to show that the property is still in the deceased's name.
Reference:
Ext.B4
Document Type: Ration Card
Submitted By: Defendant
Relevance:
Document showing the residence of the defendant's family with the deceased.
Reference:
Ext.B5

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2022

Quick Facts

Location
Kottayam District
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Mon, 03/28/2022 - 12:00
Case Closed
Fri, 03/28/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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