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
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
Why Plaintiff Won:
The plaintiff established that the suit was undervalued, necessitating an amendment to properly reflect court fees.
The plaintiff established that the suit was undervalued, necessitating an amendment to properly reflect court fees.
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
Plaintiffs
Murukesh Shenoy (53 years)
C.C 67/3132-B, Elooparambil house, T.D.Road North Gate, Ernakulam-682035
Defendants
Hemalatha B (51 years)
35/2682, Sivaparambil, Sivalaya road, Karanakodam, Poonithura, Village, Ernakulam
Rema Shenoy (70 years)
Elooparambil house, T.D.Road North Gate, Kovilvattam Desom, Ernakulam Village, Kanayannoor Taluk, Ernakulam -682035
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.