Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S No. 1293/2002

Case between Karthikeyan et al vs P.G.Raveendran et al regarding recovery of possession and consequential injunction

Court
THE I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2024-12-13
Duration
approximately-22 years 11 months
Case Closed
Fri, 12/13/2024 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiffs, Karthikeyan and Suresh, are seeking recovery of possession of land from the defendants, P.G.Raveendran and others. The dispute involves encroachment and ownership rights over a specific portion of land.

Judgment Outcome

Plaintiff Won
Interim Order
The court partially decreed the suit, granting the plaintiff recovery of possession for a specified area of land and a permanent prohibitory injunction against the defendants.
Judgment Favored
Plaintiff
Relief Granted
Recovery of possession of plot B in Ext.C1(a) plan, permanent prohibitory injunction against defendants obstructing possession.
Case Type
Civil Suit
Final Judgment
No
The court partially decreed the suit, granting the plaintiff recovery of possession for a specified area of land and a permanent prohibitory injunction against the defendants.
Why Plaintiff Won:
The court found that the plaintiff's evidence sufficiently established entitlement to the property in question.
Losing Side's Weaknesses:
The court found that the plaintiff's evidence sufficiently established entitlement to the property in question.
Supporting Evidence
The court proved to the satisfaction that an extent of 0.26 Ares of property belonging to the plaintiff has been encroached by the defendant and is currently in their possession.

Judgment Evidence:

In the result, the suit is decreed in part as follows, 1) Plaintiff is entitled for recovery of possession of plot B in Ext.C1(a) plan. Defendants are directed to surrender vacant possession of plot B within one month from the date of decree failing which plaintiff can secure the same through court.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Karthikeyan
Party Age
68
Relation
S/o
Party Role
Plaintiff
Party Name
Suresh
Party Age
57
Relation
S/o
Party Role
Defendant
Party Name
P.G.Raveendran
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Kairali
Party Age
58
Relation
W/o
Party Role
Defendant
Party Name
Sindhu
Party Age
34
Relation
D/o
Party Role
Defendant
Party Name
Girish
Party Age
32
Relation
S/o
Party Role
Defendant
Party Name
Ratheesh
Party Age
30
Relation
S/o
Plaintiffs Documents
Certified copy of judgment in O.S.1665/92, Certified copy of the decree in O.S.1665/92, Partition deed No. 2533/1962, Certified copy of the Commission Report and plan.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Varghese C Kuriakose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Basil Thomas
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Biju George
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Rajeev Joseph
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
P.G.Raveendran
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled for recovery of possession of plot B in Ext.C1(a) plan.
Evidence:
In light of the discussions above, the issues are found partly in favour of the plaintiff. Plaintiff is entitled for recovery of possession of the extent of 0.26 Ares of property shown in blue shade in Ext.C1(a) sketch as ‘B’.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained by a permanent prohibitory injunction from obstructing the peaceful possession of the extent of 0.26 ares of property.
Evidence:
Plaintiff is also found entitled for a decree of permanent prohibitory injunction restraining the defendants from obstructing the peaceful possession of the extent of 0.26 ares of property.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize the cost of the suit.
Evidence:
I find no reason to deviate from the normal rule that costs shall follow the event. Hence, plaintiff is found to be entitled for costs of the suit.

Documents & Evidence

Document Type: Certified Copy of Judgment
Submitted By: Plaintiff
Relevance:
Document presents the judgment in a previous related case (O.S.1665/92), which is relevant for the current dispute regarding possession.
Reference:
Ext.A1
Document Type: Certified copy of the decree
Submitted By: Plaintiff
Relevance:
Document is the decree related to the previous case that supports the plaintiff's claims.
Reference:
Ext.A2
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
This document establishes the plaintiff's ownership and boundary of the disputed land.
Reference:
Ext.A3
Document Type: Certified copy of the Commission Report and plan
Submitted By: Plaintiff
Relevance:
This report and plan detail the findings of the advocate commissioner that are crucial for the case.
Reference:
Ext.A4
Document Type: Commission Report
Submitted By: Court
Relevance:
The report provides details about the measurement of the property in question.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
This sketch visually represents the property involved and its boundaries.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Karthikeyan et al vs P.G.Raveendran et al regarding recovery of possession and consequential injunction
Case Code Year
Case between Karthikeyan et al vs P.G.Raveendran et al regarding recovery of possession and consequential injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/01/2002 - 12:00
Case Closed
Fri, 12/13/2024 - 12:00
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Similar Cases

Case between Mini Jolly vs Noel et al regarding permanent prohibitory injunction and mandatory injunction.
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between Jobin Thomas vs Thrikkakara Municipality et al regarding permanent prohibitory injunction
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Plaintiff Won
Case between His Holiness Shrimad Raghavendra Thirtha Swami et al vs Venkatesh Shenoy et al regarding declaration and permanent prohibitory injunction
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Civil Suit Plaintiff Won
Case between Santhosh P @ Santhoshkumar vs Suresh P.S, Mallika Shanmughan regarding fixation of boundary and permanent prohibitory injunction
COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Kochuthressia Thomas vs Gopalan, Kalidasan regarding recovery of possession and injunction.
Munsiff Court, Ernakulam
Civil Suit Defendant Won