Case Summary
This case involves a financial dispute between the plaintiff, Jimmy Panachicken, and his brother, the defendant, Kusumam Michael. The plaintiff claims damages due to a complaint filed by the defendant that hindered a property sale agreement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed with costs to the defendant, as the plaintiff's claims were not substantiated.
Key Reasoning:
The plaintiff failed to prove his case and did not provide adequate evidence to support his claims.
The plaintiff failed to prove his case and did not provide adequate evidence to support his claims.
Why Defendant Won:
The plaintiff failed to prove his case and did not provide adequate evidence to support his claims.
The plaintiff failed to prove his case and did not provide adequate evidence to support his claims.
Supporting Evidence
The plaintiff's claims were not substantiated by adequate evidence, leading to the dismissal of the suit with costs to the defendant.
Judgment Evidence:
Therefore, in the above circumstances, it cannot be said that there is defamation and the plaintiff suffered losses and damages as claimed by him entitling him to get damages from the defendant. Hence these issues are found against the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jimmy Panachicken
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jijimol George
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kusumam Michael
- Party Age
- 59
- Relation
- W/o
Plaintiffs Documents
Original of sale agreement dated 24.01.2017, True copy of the statement of account with SBT Koothattukulam Branch.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Denny Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Veena G.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- N. Raghuraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A. Anilkumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- R. Ranzanie
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Damages
Outcome:
Refused
Description:
Claimed compensation for losses incurred due to defendant's actions.
Evidence:
The plaintiff is not entitled to get compensation for an amount of Rs.1,00,000/- as mental agony and Rs.2,00,000/- for damages to the reputation.
Relief Type:
Recovery
Outcome:
Refused
Description:
Claimed recovery of a total sum of Rs.8,85,000/- including interest.
Evidence:
Hence, these issues are found against the plaintiff.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Original of sale agreement dated 24/01/2017 executed between the plaintiff and one Mr. Sunny.
Reference:
Ext.A1
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
True copy of the statement of account with SBT Koothattukulam Branch.
Reference:
Ext.A3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
True copy of complaint filed before the Maintenance Tribunal, Muvattupuzha.
Reference:
Ext.A4
Document Type:
Flight Tickets
Submitted By:
Plaintiff
Relevance:
True copy of flight tickets (3 Nos.) produced to show expenses incurred.
Reference:
Ext.A7 series
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of lawyer notice.
Reference:
Ext.A8
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice.
Reference:
Ext.A9
Document Type:
Certified copy of Order
Submitted By:
Court
Relevance:
Certified copy of the order in the complaint before the Maintenance Tribunal.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Defamatory acts
Case Code
Case between Jimmy Panachicken vs Kusumam Michael regarding realization of money for damages and compensation
Case Code Year
Case between Jimmy Panachicken vs Kusumam Michael regarding realization of money for damages and compensation