Case Summary
Marrykutty and her son Kurias Thomas are plaintiffs seeking an injunction against C.C. Jose, Betty Abraham, and others. They allege coercion and forgery in a financial transaction related to the plaint schedule property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiffs failed to prove their case against the defendants, particularly the allegations of coercion and forgery. The court found no evidence that warranted an injunction.
Key Reasoning:
Plaintiffs failed to establish their claims and did not prove the existence of forgery or coercion in the transaction.
Plaintiffs failed to establish their claims and did not prove the existence of forgery or coercion in the transaction.
Why Defendant Won:
Plaintiffs failed to establish their claims and did not prove the existence of forgery or coercion in the transaction.
Plaintiffs failed to establish their claims and did not prove the existence of forgery or coercion in the transaction.
Supporting Evidence
Plaintiffs failed to prove the alleged money transaction and the legitimacy of their claims against the defendants.
Judgment Evidence:
In the result, the suit is dismissed with costs of defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Marrykutty
- Party Age
- 68
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Kurias Thomas
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C.C. Jose
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Betty Abraham
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Station House Officer
- Party Role
- Defendant
- Party Name
- Kerala Government
- Relation
- represented by
Plaintiffs Documents
Certified copy of Sale Deed No. 5543/85, Tax Receipt Thandapper No. 4446, Certified copy of order in CMP 4975/24 in CC No. 270/2020, Certified copy of Judgment in O.S. 18/2020 of the Sub Court Pala.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S. Sajikumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.R. Shaji
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
A decree of permanent prohibitory injunction restraining the 3rd defendant from forging documents and threatening plaintiffs.
Evidence:
Moreover, an injunction cannot be granted to restrain any person from instituting or prosecuting any proceedings in a criminal matter.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
To prove the title and possession of plaint schedule property by 1st plaintiff.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
To prove the title and possession of plaint schedule property by 1st plaintiff.
Reference:
Ext.A2
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Shows that CC 270/2020 was compounded as the matters were settled between the parties.
Reference:
Ext.A3
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Shows the judgment in OS 18/2020 of the Sub Court Pala.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Unauthorized occupation
Case Code
O.S
Case Code Year
2019
Case Flags
Cheque-Related Case
Out-of-Court Settlement
Nature of Cheque Case
Cheque Dishonour