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OS No. 406/2013

Case between M M Chandrasekharan vs Santhamma et al regarding execution of decree schedule property.

Court
COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Indu P Raj
Order Date
2025-12-04
Duration
approximately-12 years
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M M Chandrasekharan is the petitioner seeking relief against Santhamma and others regarding the execution of a decree. The case involves allegations of improper delivery of property.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed EA No. 4 of 2025, finding the execution already conducted conforming to the decree. The decree holder is entitled to put up a permanent boundary.
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The court dismissed EA No. 4 of 2025, finding the execution already conducted conforming to the decree. The decree holder is entitled to put up a permanent boundary.
Key Reasoning:
The delivery of property was found to be in conformity with the decree and there was no credible evidence to support the applicant's claims.
Why Defendant Won:
The delivery of property was found to be in conformity with the decree and there was no credible evidence to support the applicant's claims.
Supporting Evidence
On the basis of Ext. C1(a) and the Amin’s report, this Court is satisfied that delivery has been effected in conformity with the decree and the plan forming part thereof.

Judgment Evidence:

In the result, EA No. 4 of 2025 is dismissed. The Amin’s delivery report is accepted and ordered to be recorded.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M M Chandrasekharan
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Santhamma
Party Age
85
Relation
W/o
Party Role
Defendant
Party Name
L T Prasad
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
L T Pradeep
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
L T Prasanna
Party Age
41
Relation
D/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Rajeev P Nair
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shaji A M
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Rejected
Description:
Application for appointment of an Advocate Commissioner with the assistance of a surveyor.
Evidence:
EA No. 4 of 2025 is dismissed.

Documents & Evidence

Document Type: Plan
Submitted By: Court
Relevance:
The plan was accepted and made part of the decree for delivery of the decree schedule property.
Reference:
Ext. C1(a)

Case Classification

Case Type
Execution Petition
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between M M Chandrasekharan vs Santhamma et al regarding execution of decree schedule property.
Case Code Year
Case between M M Chandrasekharan vs Santhamma et al regarding execution of decree schedule property.

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Tue, 01/01/2013 - 12:00
Case Closed
From
Wed, 10/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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