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O.S 173/2020

Case between K.T. Jose vs C. Kailas regarding permanent prohibitory injunction.

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smt. Smitha Susan Mathew
Order Date
2025-08-27
Duration
approximately-5 years 3 months 2 days
Case Code No.
173
Case Closed
Wed, 08/27/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

K.T. Jose and Jomon K. Jose are the plaintiffs, claiming exclusive rights over a corridor against the defendant C. Kailas, who possesses a shop room adjacent to their properties. The case revolves around ownership and possession of specific property items in Chirakkadavu village.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiffs' suit for permanent prohibitory injunction, ruling that they failed to establish exclusive possession of the disputed corridor.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiffs' suit for permanent prohibitory injunction, ruling that they failed to establish exclusive possession of the disputed corridor.
Key Reasoning:
Plaintiffs failed to prove their exclusive right and possession over the corridor.
Why Defendant Won:
Plaintiffs failed to prove their exclusive right and possession over the corridor.
Supporting Evidence
From the above discussion, it is clear that neither the plaint schedule descriptions, nor the survey nos. given in the plaint are sufficient to prove the identity of plaint schedule item No.1 and 4 properties.

Judgment Evidence:

In the result, the suit is dismissed with costs of defendant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.T. Jose
Party Age
75
Relation
S/o
Party Role
Plaintiff
Party Name
Jomon K. Jose
Party Age
46
Relation
S/o
Party Role
Defendant
Party Name
C. Kailas
Party Age
58
Relation
S/o
Plaintiffs Documents
Certified copy of Partition Deed No.4625/81, Certified copy of Partition Deed No.3754/99, Certified copy of Sale Deed No.3602/07, Certified copy of Sale Deed No.901/2020, Tax Receipt Thandaper No.477.
Defendants Documents
Certified copy of decree in O.S. 80/19, Certified copy of Commission Report, Certified copy of plan prepared by surveyor, Copy of Tax Receipt Thandaper No.7685.

Advocates

Party Role
Plaintiff
Advocate Name
Alex J Edackattu
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aloysius John Madathinakam
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Samsan Joseph
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiffs sought a permanent prohibitory injunction against the defendant regarding property claims.
Evidence:
The suit is liable to be dismissed.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Partition Deed No. 4625/81 establishing the title of the 1st plaintiff.
Reference:
Ext.A1
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Partition Deed No. 3754/99 establishing further title of the 1st plaintiff.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale Deed No. 3602/07 demonstrating the title of the 1st plaintiff.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale Deed No. 901/2020 establishing the title of the 2nd plaintiff.
Reference:
Ext.A4
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax Receipt corresponding to survey No. 45/8 supporting the plaintiff's claim.
Reference:
Ext.A5
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax Receipt corresponding to survey No. 45/9 supporting the plaintiff's claim.
Reference:
Ext.A6
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax Receipt corresponding to the property in survey Nos. 45/10 and 45/10-1.
Reference:
Ext.A7
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale Deed No. 4418/06 establishing the defendant's title over the disputed shop room.
Reference:
Ext.A8
Document Type: Court Decree
Submitted By: Defendant
Relevance:
Certified copy of decree in O.S. 80/19 related to property issues involving the defendant.
Reference:
Ext.B1
Document Type: Commission Report
Submitted By: Defendant
Relevance:
Certified copy of Commission Report prepared in O.S. 80/19 related to the defendant's property claim.
Reference:
Ext.B2
Document Type: Plan
Submitted By: Defendant
Relevance:
Certified copy of plan prepared in O.S. 80/19 detailing the defendant's property claim.
Reference:
Ext.B2(a)
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Tax Receipt for the property in resurvey No. 45/10-2 supporting the defendant's claim.
Reference:
Ext.B3
Document Type: Mahazar
Submitted By: Court
Relevance:
Mahazar prepared by the commissioner relating to the property boundaries.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch prepared by the commissioner detailing the property layout.
Reference:
Ext.C1(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
2020

Quick Facts

Location
Kanjirappally
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Mon, 05/25/2020 - 12:00
Case Closed
Wed, 08/27/2025 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

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