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O.S No. 838/2021

Case between K.P.Madhusudhanan vs K.P.Mani et al regarding permanent prohibitory injunction

Court
THE I ADDITIONAL MUNSIFF COURT, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-03-25
Duration
approximately-2 years 20 days
Case Closed
Mon, 03/25/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, K.P.Madhusudhanan, is seeking a permanent prohibitory injunction against the defendant, K.P.Mani and others, to restrain them from entering the plaint schedule properties. The dispute arises over the rightful ownership and possession of the properties following the death of K.K.Parameswaran and the interpretation of his will.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, restraining the defendants from trespassing into the plaint schedule properties. The plaintiff was found to have a legal claim based on the will executed in his favor.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing into the plaint schedule properties.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, restraining the defendants from trespassing into the plaint schedule properties. The plaintiff was found to have a legal claim based on the will executed in his favor.
Why Plaintiff Won:
The plaintiff successfully proved his long-standing possession and the validity of the will in his favor.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The court found that the plaintiff's claim was supported by evidence of residence and the execution of a will by the deceased K.K.Parameswaran in his favor.

Judgment Evidence:

In the result, the plaintiffs in OS768/2021 who are the defendants in OS 838/2021 are restrained from trespassing and encroaching into the plaint A and B schedule properties by a decree of permanent prohibitory injunction.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.P.Madhusudhanan
Party Age
64
Relation
S/o
Party Role
Defendant
Party Name
K.P.Mani
Party Age
68
Relation
S/o
Party Role
Defendant
Party Name
Akhil
Party Age
26
Relation
S/o
Plaintiffs Documents
Ration Card No.1734055609, Partition deed No.1645/2002, Death certificate of Tharamma, Will dated 18.03.2013, Death certificate of Parameswaran K.K.
Defendants Documents
Original death certificate of Parameswaran, Original will No. 126/IV/2020 registered with SRO Mulamthuruthy.

Advocates

Party Role
Plaintiff
Advocate Name
K.Suresh Babu
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Baby M.A
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Plaintiff sought permanent prohibitory injunction against the defendant from entering and committing waste in the plaint schedule properties.
Evidence:
Hence the plaintiffs in OS768/2021 who are the defendants in OS 838/2021 are restrained from trespassing and encroaching into the plaint A and B schedule properties by a decree of permanent prohibitory injunction.
Relief Type: Other
Outcome: Dismissed
Description:
The plaintiff's suit in OS 768/2021 was dismissed without costs.
Evidence:
OS 768/2021 is dismissed without costs.

Documents & Evidence

Document Type: Ration Card
Submitted By: Plaintiff
Relevance:
The document reflects the residence of the plaintiff, his mother, wife, and children along with Sri. Parameswaran.
Reference:
Ext.A1
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
This document evidences the partition of the parental property that devolved to K.K. Parameswaran.
Reference:
Ext.A2
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
This document proves the death of the plaintiff's mother.
Reference:
Ext.A3
Document Type: Will
Submitted By: Plaintiff
Relevance:
This true copy of the will evidences that Sri. Parameswaran executed a will in favor of the plaintiff.
Reference:
Ext.A4
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
This document establishes the death of Sri. Parameswaran.
Reference:
Ext.A5
Document Type: Acknowledgment
Submitted By: Plaintiff
Relevance:
This original acknowledgment from the Chottanikkara Police station is related to the complaint made by the plaintiff.
Reference:
Ext.A6
Document Type: Acknowledgment
Submitted By: Plaintiff
Relevance:
This original acknowledgment from SDPO Puthencruz is related to the complaint made by the plaintiff.
Reference:
Ext.A7
Document Type: Acknowledgment
Submitted By: Plaintiff
Relevance:
This original acknowledgment from the District Police Office, Ernakulam is related to the complaint made by the plaintiff.
Reference:
Ext.A8
Document Type: ID Card
Submitted By: Defendant
Relevance:
This laminated copy of the ID card is relevant to the defendant's claims.
Reference:
Ext.B1
Document Type: Partition Deed
Submitted By: Defendant
Relevance:
This is the original Partition deed evidencing the ownership and claims of the defendant.
Reference:
Ext.B2
Document Type: Will
Submitted By: Defendant
Relevance:
This original will establishes the rights granted to the defendant by Sri. Parameswaran.
Reference:
Ext.B3
Document Type: Death Certificate
Submitted By: Defendant
Relevance:
This document proves the death of Sri. Satyabhama, the wife of Sri. Parameswaran.
Reference:
Ext.B4
Document Type: Pass Book
Submitted By: Defendant
Relevance:
This original passbook indicates the joint account held by Parameswaran and provides context to the financial dealings.
Reference:
Ext.B5
Document Type: Will
Submitted By: Defendant
Relevance:
This original will is crucial as it devolves the properties upon the defendant after the death of Sri. Parameswaran.
Reference:
Ext.B6
Document Type: Death Certificate
Submitted By: Defendant
Relevance:
This original death certificate is relevant to verifying the death of Sri. Parameswaran.
Reference:
Ext.B7
Document Type: Pass Book
Submitted By: Defendant
Relevance:
This original passbook adds to the financial evidence supporting the defendant's claims.
Reference:
Ext.B8
Document Type: ID Card
Submitted By: Defendant
Relevance:
This original ID card is helpful in establishing identity and evidence for the defendant.
Reference:
Ext.B9
Document Type: Decree
Submitted By: Defendant
Relevance:
This certified copy of the decree confirms past legal determinations relevant to the property.
Reference:
Ext.B10
Document Type: Pass Book
Submitted By: Defendant
Relevance:
This original passbook evidences the joint account held at the Federal Bank Ltd. and indicates financial dealings.
Reference:
Ext.B11
Document Type: ID Card
Submitted By: Defendant
Relevance:
This original ID card serves as further verification of the defendant's claims.
Reference:
Ext.B12
Document Type: Invoice
Submitted By: Defendant
Relevance:
This invoice pertains to the photography and documentation of the plaint schedule properties.
Reference:
Ext.B13
Document Type: Commission Report
Submitted By: Court
Relevance:
The commission report provides an official assessment of the property in question.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
This sketch illustrates the boundaries and layout of the properties.
Reference:
Ext.C1(a)
Document Type: Photographs
Submitted By: Court
Relevance:
These photographs provide visual evidence related to the property.
Reference:
Ext.C1(b)
Document Type: CD
Submitted By: Court
Relevance:
The CD contains multiple photographs relevant to the property assessment.
Reference:
Ext.C1(c)

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 K.P.Madhusudhanan vs K.P.Mani et al regarding permanent prohibitory injunction
Case Code Year
Case between K.P.Madhusudhanan vs K.P.Mani et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam, Kerala
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 03/01/2021 - 12:00
Case Closed
Mon, 03/25/2024 - 12:00
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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