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O.S.No. 1141/2017

Case between Gupthan Namboothiri vs Gupthan Namboothiri regarding fixation of northern boundary and mandatory injunction.

Court
II Additional Munsiff Court
Judge
Smt. Needi.K.Dinamany
Order Date
2024-08-16
Duration
approximately-7 years 0 days
Case Code No.
1141
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves Gupthan Namboothiri filing a suit against Molly and Manju Bose regarding boundary fixation and drainage obstruction. The defendants contest the authority of Gupthan's power of attorney holder to act on his behalf.

Judgment Outcome

Defendant Won
Interim Order
The court ruled that the power of attorney holder cannot depose on behalf of the plaintiff as he lacks personal knowledge of the subject matter of the dispute.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court ruled that the power of attorney holder cannot depose on behalf of the plaintiff as he lacks personal knowledge of the subject matter of the dispute.
Key Reasoning:
The court determined that the power of attorney holder does not have the necessary personal knowledge to testify on behalf of the plaintiff.
Why Defendant Won:
Not available
Supporting Evidence
In our view the word "acts" employed in O.3 R.1 and 2 CPC confines only to in respect of "acts" done by the power of attorney holder in exercise of power granted by the instrument.

Judgment Evidence:

Hence the power of attorney holder cannot depose on behalf of the plaintiff in the instant case.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Gupthan Namboothiri
Party Age
74
Relation
S/o Late Narayanan Namboothiri
Party Role
Plaintiff
Party Name
Bhavadasan Namboothiri
Party Age
39
Relation
S/o Gupthan Namboothiri
Party Role
Defendant
Party Name
Molly
Party Age
60
Relation
W/o Joseph
Party Role
Defendant
Party Name
Manju Bose
Party Age
39
Relation
D/o Joseph
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
V.V.Sadanandan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P.S.Sidharthan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Nandakumar.A
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Remya.P.Sasidharan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Devi Prathap
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Subitha.K.K
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Seethu Pushpakaran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Renjith Rajappan
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Mandatory injunction to not to obstruct the drainage provided in the land.
Evidence:
the contention is that such a stipulation was retained while transferring property to the predecessor in interest of the defendant, and there is no averment that power of attorney holder also has the knowledge about the same.

Documents & Evidence

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2017

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 01/01/2017 - 12:00
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
75%

Involved Entities

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