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O.S. No. 91/2021

Case between Mr. Bobby K. Cherian et al vs Mr. Jose et al regarding property rights over a road

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-07-19
Duration
approximately-1 year 3 months
Case Closed
Sat, 07/19/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Mr. Bobby K. Cherian and his brother, Mr. Jose Tom C. Kandathil, are plaintiffs in a dispute over property rights with several defendants including Mr. Jose and Mrs. Thankamani. The case was settled through mediation, resulting in a joint decree that outlines payment and property use agreements.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the plaintiff must pay Rupees Twenty Lakhs towards the road's right of way and various other considerations as per the mediation agreement.
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs were granted right of way over the road.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff must pay Rupees Twenty Lakhs towards the road's right of way and various other considerations as per the mediation agreement.
Why Plaintiff Won:
The mediation agreement was deemed lawful and accepted by both parties.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The terms and conditions of the mediation agreement filed are found to be lawful.

Judgment Evidence:

The suits are jointly decreed as per the terms of the mediation agreement, incorporating the terms of mediation.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mr. Bobby K. Cherian
Party Age
58
Relation
S/o
Party Role
Plaintiff
Party Name
Mr. Jose Tom C. Kandathil
Party Age
48
Relation
Represented by
Party Role
Defendant
Party Name
Mr. Jose
Party Age
52
Relation
S/o
Party Role
Defendant
Party Name
Mrs. Thankamani
Party Age
79
Relation
W/o
Party Role
Defendant
Party Name
Mr. Tony
Party Age
49
Relation
S/o
Party Role
Defendant
Party Name
Mr. Jojo
Party Age
50
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Peter Issac
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Mathai K.C
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
S. Sudhish Kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sibi Karun
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Gopika N. Nair
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
K. B Dayal
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Mathai K.C
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Right of way over the plaint B schedule road for the plaintiff upon payment of consideration.
Evidence:
The suits are jointly decreed as per the terms of the mediation agreement, incorporating the terms of mediation, as follows: I. The plaintiff in OS No. 91 of 2021 shall pay an amount of 20,00,000 towards sale consideration for the right of way over the Plaint B schedule road in OS No. 91 of 2021.
Relief Type: Other
Outcome: Granted
Description:
Maintenance and responsibility sharing for the road and drainage.
Evidence:
It shall be the responsibility of all the parties to maintain and keep the road and the drainage in good condition and the cost for the same shall be equally shared by all.
Relief Type: Other
Outcome: Granted
Description:
No obstruction from the defendants regarding the use of the plaint B schedule road.
Evidence:
No obstruction whatsoever shall be caused by the defendants in OS No. 91 of 2021 or their men to the use of the plaint B schedule road by the plaintiff and successors in interest.

Documents & Evidence

Document Type: Mediation Agreement
Submitted By: Court
Relevance:
The court decreed the suits jointly according to the terms of the mediation agreement.
Reference:
Document Type: Document No. 1488 of 1971
Submitted By: Defendant
Relevance:
This document is related to the right of way over the plaint B schedule road.
Reference:
Document Type: Document No. 4255 of 1996
Submitted By: Defendant
Relevance:
This document is also related to the right of way over the plaint B schedule road.
Reference:
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Oral evidence was presented regarding the mediation process.
Reference:

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 Mr. Bobby K. Cherian et al vs Mr. Jose et al regarding property rights over a road
Case Code Year
Case between Mr. Bobby K. Cherian et al vs Mr. Jose et al regarding property rights over a road

Case Flags

Adalath Resolved
Out-of-Court Settlement

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 01/01/2021 - 12:00
Case Closed
Sat, 07/19/2025 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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