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O.S 29/2006

Case between Jose Mathew vs Muhammed Rawther et al regarding specific performance and permanent prohibitory injunction

Court
THE COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smt. Smitha Susan Mathew
Order Date
2025-07-31
Duration
approximately-19 years 4 months
Case Code No.
29
Case Closed
Thu, 07/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Jose Mathew is the plaintiff who has filed this suit against Muhammed Rawther and others regarding specific performance of an agreement to sell property. The case involves disputes over property ownership and trespass.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed directing the additional 10th defendant to execute a sale deed in favor of the plaintiff and granting a permanent prohibitory injunction against the defendants regarding the plaint schedule property.
Judgment Favored
Plaintiff
Relief Granted
Defendant No.10 is directed to execute sale deed in favor of plaintiff. Permanent prohibitory injunctions granted.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed directing the additional 10th defendant to execute a sale deed in favor of the plaintiff and granting a permanent prohibitory injunction against the defendants regarding the plaint schedule property.
Why Plaintiff Won:
Plaintiff proved the genuineness of the agreement and entitlement to the property.
Losing Side's Weaknesses:
Plaintiff proved the genuineness of the agreement and entitlement to the property.
Supporting Evidence
This exhibits the readiness and willingness of plaintiff to get the property executed in his favour. The evidence shows that 1st defendant handed over the possession of the plaint schedule item No.3 property to plaintiff.

Judgment Evidence:

In the result, the suit is decreed as follows; 1. Addl. 10th defendant is directed to execute sale deed in favour of plaintiff with respect to 2.02 ares of property comprised in resurvey No.86/4 in Koovappally village within two months from the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Jose Mathew
Party Age
47
Relation
S/o
Party Role
Defendant
Party Name
Muhammed Rawther
Party Age
80
Party Role
Defendant
Party Name
Gopinathan
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Ponnamma Gopinathan
Party Age
48
Relation
W/o
Party Role
Defendant
Party Name
Mini
Party Age
46
Relation
W/o
Party Role
Defendant
Party Name
Harija
Party Age
58
Relation
W/o
Plaintiffs Documents
Agreement executed by E. Muhammed Rawther in favour of Jose Mathew dated 09.03.2002.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Soni Thomas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
George Kurian
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
T.S Rajeswaran
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
P.A. Muhammed Shameer
Appearance Type
Main Counsel

Reliefs

Relief Type: Specific Performance
Outcome: Granted
Description:
Decree directing additional 10th defendant to execute sale deed in favour of plaintiff.
Evidence:
Addl. 10th defendant is directed to execute sale deed in favour of plaintiff with respect to 2.02 ares of property comprised in resurvey No.86/4 in Koovappally village within two months from the date of decree.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Decree restraining additional 10th defendant from executing any document alienating plaint schedule item No.3 property.
Evidence:
A decree of permanent prohibitory injunction is granted restraining the addl. defendant No.10 from executing any document alienating plaint schedule item No.3 property except for the plaintiff.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Decree restraining defendants from trespassing on plaint schedule item No.3 property.
Evidence:
The defendants are restrained by a decree of permanent prohibitory injunction from trespassing on plaint schedule item No.3 property, destroying the existing boundaries, constructing new road, and interfering with the peaceful enjoyment of plaintiff over plaint schedule item No.3 property.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff allowed to recover costs from the defendants.
Evidence:
Plaintiff is allowed to recover the costs from the defendants.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
Establishes the claim of the plaintiff that the 1st defendant agreed to sell 5 cents of property to plaintiff for sale consideration.
Reference:
Ext.A1
Document Type: Mahazar
Submitted By: Court
Relevance:
Prepared by Commissioner Advocate Faizal M. Kassim.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Prepared by Commissioner Advocate Faizal M. Kassim.
Reference:
Ext.C1(a)
Document Type: Commission Report
Submitted By: Court
Relevance:
Prepared by Commissioner Advocate Faizal M. Kassim.
Reference:
Ext.C2
Document Type: Survey Plan
Submitted By: Court
Relevance:
Filed by Commissioner Advocate Faizal M. Kassim.
Reference:
Ext.C2(a)
Document Type: Mahazar
Submitted By: Court
Relevance:
Prepared by Commissioner Advocate Faizal M. Kassim.
Reference:
Ext.C3
Document Type: Sketch
Submitted By: Court
Relevance:
Prepared by Commissioner Advocate Faizal M. Kassim.
Reference:
Ext.C3(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2006

Quick Facts

Location
Kanjirappally Taluk
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Sun, 01/01/2006 - 12:00
Case Closed
Thu, 07/31/2025 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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