Case Summary
This case involves Kunjamma Mathew alias Catherine Mathew and others as plaintiffs against C A Shajahan and others as defendants. The plaintiffs seek to fix the boundary and obtain a permanent injunction regarding the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Costs of Rs. 3,000 to the plaintiff
Case Type
Civil Suit
Final Judgment
No
The petition by the defendants to set aside the ex-parte order was allowed, enabling them to contest the case on its merits. Costs of Rs. 3,000 were awarded to the plaintiff.
Why Plaintiff Won:
The court found that the defendants had a valid reason for their prior non-appearance and allowed their petition for justice.
The court found that the defendants had a valid reason for their prior non-appearance and allowed their petition for justice.
Losing Side's Weaknesses:
The court found that the defendants had a valid reason for their prior non-appearance and allowed their petition for justice.
The court found that the defendants had a valid reason for their prior non-appearance and allowed their petition for justice.
Supporting Evidence
The petitioners submitted that there was no wilful laches or negligence and prayed that the ex-parte order be set aside and the written statement accepted. The court was satisfied that they should be given an opportunity to contest the suit on merits.
Judgment Evidence:
In the result, Petition is allowed on costs of Rs.3,000/- to plaintiff, which shall be paid within 14 days. In case of non payment of costs the petition shall be deemed to be dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunjamma Mathew alias Catherine Mathew
- Party Age
- 66
- Relation
- W/o late V C Mathew
- Party Role
- Plaintiff
- Party Name
- Jacob Mathew
- Party Age
- 39
- Relation
- S/o late V C Mathew
- Party Role
- Plaintiff
- Party Name
- Thomas Mathew
- Party Age
- 38
- Relation
- S/o late V C Mathew
- Party Role
- Plaintiff
- Party Name
- V C George
- Party Age
- 60
- Relation
- S/o V C Chacko
- Party Role
- Plaintiff
- Party Name
- Dileep Kumar
- Party Age
- 45
- Party Role
- Defendant
- Party Name
- C A Shajahan
- Party Age
- 54
- Relation
- S/o Ajeed
- Party Role
- Defendant
- Party Name
- C A Abdul Nazeer
- Party Age
- 51
- Relation
- S/o Ajeed
- Party Role
- Defendant
- Party Name
- Shabana Shajahan
- Party Age
- 44
- Relation
- W/o C A Shajahan
- Party Role
- Defendant
- Party Name
- Others
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- P K Sajeevan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arpanai T A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Maria Ancy V J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Libin Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Roshini S Gopi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M S Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K Sunil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Veena C V
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aneesh K R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shibu Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajith Viswanath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanu Malakeel
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anupama R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abhirami S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V C Xavier
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Princy Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Surthy R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P Suresh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Petition is allowed on costs of Rs.3,000/- to plaintiff, which shall be paid within 14 days.
Evidence:
In the result, Petition is allowed on costs of Rs.3,000/- to plaintiff, which shall be paid within 14 days.
Relief Type:
Other
Outcome:
Granted
Description:
Order dated 13.06.2025 setting petitioners/ 1st and 3ʳᵈ defendants ex-parte is set aside.
Evidence:
Order dated 13.06.2025 setting petitioners/ 1st and 3ʳᵈ defendants ex-parte is set aside.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Kunjamma Mathew alias Catherine Mathew et al vs C A Shajahan et al regarding fixation of boundary and for permanent prohibitory injunction.
Case Code Year
Case between Kunjamma Mathew alias Catherine Mathew et al vs C A Shajahan et al regarding fixation of boundary and for permanent prohibitory injunction.