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O.S. 1085/2018

Case between Murukesh Shenoy vs Hemalatha B et al regarding declaration and perpetual prohibitory injunction

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR
Order Date
2025-06-13
Duration
approximately-6 years 8 months
Case Code No.
1085
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Murukesh Shenoy is the plaintiff seeking a declaration and injunction against Hemalatha B and Rema Shenoy, the defendants, regarding property rights based on a family arrangement. The defendants contest the suit, claiming it lacks legal basis.

Judgment Outcome

Plaintiff Won
Interim Order
The court partly allowed the petition, determining that the suit was undervalued and directed the plaintiff to amend the plaint to reflect the correct court fee.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is directed to amend the plaint within 14 days and pay the corrected court fee thereafter within 7 days.
Case Type
Civil Suit
Final Judgment
No
The court partly allowed the petition, determining that the suit was undervalued and directed the plaintiff to amend the plaint to reflect the correct court fee.
Why Plaintiff Won:
The plaintiff established that the suit was undervalued, necessitating an amendment to properly reflect court fees.
Losing Side's Weaknesses:
The plaintiff established that the suit was undervalued, necessitating an amendment to properly reflect court fees.
Supporting Evidence
The petitioners have submitted that no such arrangement was ever acted upon, and the ownership and possession of the plaint A and B schedule properties rests solely with the petitioners by virtue of a Will No. 344/2006 as well as Settlement Deed No. 1685/2017.

Judgment Evidence:

Hence the substance of the suit is with respect to immovable property including building, which is capable of valuation under section 7(3) of the Kerala Court Fees and Suit Valuation Act, 1959, and it is found that the suit is undervalued under Order VII Rule 11 of Code of Civil procedure. Thus this court find merit in the argument of learned counsel for petitioners that the suit is not properly valued for the purpose of court fee. Hence point No.1 is found in part in favour of the petitioners.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Murukesh Shenoy
Party Age
53
Relation
S/o
Party Role
Defendant
Party Name
Hemalatha B
Party Age
51
Relation
W/o
Party Role
Defendant
Party Name
Rema Shenoy
Party Age
70
Relation
W/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Sabu Thozhuppadan K.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Devi P. Prathapan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Ajwin P. Lalson
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
B.M. Ajith
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The respondent/plaintiff is directed to amend the plaint and pay the court fee accordingly.
Evidence:
The plaint has to be valued and court fee paid under Section 7(3) of the Kerala Court fees and Suit Valuation Act, 1959.

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
O.S.
Case Code Year
2018

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 09/29/2018 - 12:00
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
70%

Involved Entities

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