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O. S. No.261/2018

Case between Kumaran et al vs Upendran regarding permanent prohibitory injunction

Court
COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Sumey Chandran
Order Date
2025-07-28
Duration
7 years 6 months
Case Closed
Mon, 07/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a dispute over property rights between the plaintiffs, Kumaran and others, and the defendant Upendran. The plaintiffs seek a permanent prohibitory injunction to prevent the defendant from interfering with their access to a path used for agricultural purposes.

Judgment Outcome

Partial Relief
Interim Order
The court dismissed both the plaintiffs' suit and the defendant's counter-claim, stating that neither party could prove their respective claims regarding the property dispute.
Judgment Favored
Dismissed
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed both the plaintiffs' suit and the defendant's counter-claim, stating that neither party could prove their respective claims regarding the property dispute.
Key Reasoning:
Losing Side's Weaknesses:
Supporting Evidence

Judgment Evidence:

In the result, The suit is dismissed. The counter-claim is also dismissed. The parties shall bear their respective costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kumaran
Party Age
52
Relation
S/o
Party Role
Plaintiff
Party Name
Uzha
Party Age
54
Relation
W/o
Party Role
Plaintiff
Party Name
Gangadharan Nair
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Upendran
Party Age
58
Relation
S/o
Plaintiffs Documents
Certified copies of sale deeds No. 240/2008, 3473/2006, 3276/2006, and a Land Tax receipt.
Defendants Documents
Certified copy of sale deed No. 3276/2006, Land Tax receipt, Survey plan.

Advocates

Party Role
Plaintiff
Advocate Name
K M Alias
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
P V Shiji
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
P T Geevarghese
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiffs sought a permanent prohibitory injunction restraining the defendant from encroaching on Plaint B schedule property.
Evidence:
The suit is dismissed.
Relief Type: Permanent Injunction
Outcome: Refused
Description:
The defendant sought a permanent prohibitory injunction restraining the plaintiffs from obstructing the construction of his boundary wall.
Evidence:
The counter-claim is also dismissed.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of the sale deed No 240/2008 of SRO Kuruppampady, establishing ownership of Plaint A schedule Property No. 1.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of the sale deed No 3473/200 of SRO Kuruppampady, establishing ownership of Plaint A schedule Property No. 2.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of the sale deed No 3276/2006 of SRO Kuruppampady, confirming the western boundary of the defendant’s property.
Reference:
Ext.B1
Document Type: Land Tax Receipt
Submitted By: Defendant
Relevance:
Land tax receipt confirming the ownership of the defendant’s property.
Reference:
Ext.B2
Document Type: Survey Plan
Submitted By: Defendant
Relevance:
True copy of the Survey plan in field No. 421, Block 18 of Rayamangalam Village, submitted to support the defendant's position.
Reference:
Ext.B3
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report and rough sketch submitted by Adv. M U Devassykutty, providing details of the physical attributes of the sites involved.
Reference:
Ext.C1
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report and rough sketch submitted by Adv. M U Devassykutty outlining the measurements and existence of the pathways.
Reference:
Ext.C2
Document Type: Oral Evidence
Submitted By: Oral evidence
Relevance:
Testimony from the plaintiff's witness (PW1) was provided in court.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Kumaran et al vs Upendran regarding permanent prohibitory injunction
Case Code Year
Case between Kumaran et al vs Upendran regarding permanent prohibitory injunction

Quick Facts

Location
Perumbavoor
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
Mon, 07/28/2025 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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