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O.S No. 83/2023

Case between Mrs. Voliya Biju Arakkal et al vs Mr. Cyril Xavier regarding declaration and injunction

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-06-13
Duration
approximately-2 years 5 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Mrs. Voliya Biju Arakkal, is seeking a declaration of her half undivided right over a property and a permanent injunction against the defendant, Mr. Cyril Xavier, who is claiming absolute ownership. The dispute involves properties inherited from the plaintiff's father and their usage rights.

Judgment Outcome

Plaintiff Won
Interim Order
The court declared the plaintiff's half undivided right, title, and possession over the property and granted a permanent injunction against the defendant, prohibiting any actions detrimental to the plaintiff's rights.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff's half undivided right, title and possession over the plaint C schedule property is declared and a decree of permanent prohibitory injunction is passed.
Case Type
Civil Suit
Final Judgment
No
The court declared the plaintiff's half undivided right, title, and possession over the property and granted a permanent injunction against the defendant, prohibiting any actions detrimental to the plaintiff's rights.
Why Plaintiff Won:
The plaintiff's claim was supported by the evidence of ownership and the relevant documents establishing her rights.
Losing Side's Weaknesses:
The plaintiff's claim was supported by the evidence of ownership and the relevant documents establishing her rights.
Supporting Evidence
The evidence of the PW1 brought on record is sufficient enough to make out a case of cause of action, which warrants protection to the plaintiff. Hence, the plaintiff's right, title and possession over the plaint C schedule property cannot be disturbed.

Judgment Evidence:

In the result, the suit is decreed as follows: i. The plaintiff's half undivided right, title and also possession over the plaint C schedule property is declared. ii. A decree of permanent prohibitory injunction is passed, restraining the defendant, his agents and henchmen from doing any act which is detrimental to the plaintiff's half undivided right, title, interest and possession over the plaint C schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mrs. Voliya Biju Arakkal
Party Age
49
Relation
D/o
Party Role
Plaintiff
Party Name
Mr. MICHEAL CHEGUVERA
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
Mr. Cyril Xavier
Party Age
77
Relation
S/o
Plaintiffs Documents
Notarized copy of Power of Attorney, Certified copy of Settlement Deed No. 571/2020, Certified copy of Sale Deed No. 2538/1994, Certified copy of Sale Deed No. 4588/1995, Office copy of Lawyer Notice, Office copy of Reply Notice
Defendants Documents
Certified copy of Document No: 2538/1994, Certified copy of Document No: 4588/1995, Certified copy of Document No: 5308/2006

Advocates

Party Role
Plaintiff
Advocate Name
O. Sajeevan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
T. R Madhu
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
V. Dipu
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sooraj T.S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
V. A Johnson
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Harikrishnan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Cyaric Tom
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Naveen A. Varkey
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Plaintiff's half undivided right, title and possession over the plaint C schedule property declared.
Evidence:
the plaintiff's half undivided right, title and also possession over the plaint C schedule property is declared.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
A decree of permanent prohibitory injunction restraining the defendant from obstructing the plaintiff's use of the plaint C schedule property.
Evidence:
A decree of permanent prohibitory injunction is passed, restraining the defendant, his agents and henchmen from doing any act which is detrimental to the plaintiff's half undivided right.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff entitled to costs of the suit from the defendant.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendant.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Notarized copy of the Power of Attorney representing the plaintiff.
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Certified copy of Settlement Deed No. 571/2020 establishing the plaintiff's rights.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale Deed No. 2538/1994 related to the property.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale Deed No. 4588/1995 related to the property.
Reference:
Ext.A4
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Office copy of Lawyer Notice sent to the defendant claiming rights over the C schedule.
Reference:
Ext.A5
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Office copy of Reply Notice sent to the defendant refuting claims over the C schedule.
Reference:
Ext.A6
Document Type: Document
Submitted By: Defendant
Relevance:
Certified copy of Document No: 2538/1994 concerning the property.
Reference:
Ext.B1
Document Type: Document
Submitted By: Defendant
Relevance:
Certified copy of Document No: 4588/1995 concerning the property.
Reference:
Ext.B2
Document Type: Document
Submitted By: Defendant
Relevance:
Certified copy of Document No: 5308/2006 concerning the property.
Reference:
Ext.B3
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed regarding the property.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Rough Sketch appended to the Commission Report.
Reference:
Ext.C1(a)
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Testimonies of PW1 and DW1 regarding the case.
Reference:

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mrs. Voliya Biju Arakkal et al vs Mr. Cyril Xavier regarding declaration and injunction
Case Code Year
Case between Mrs. Voliya Biju Arakkal et al vs Mr. Cyril Xavier regarding declaration and injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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