Case Summary
A R Girish Varma has filed a suit against R Sreekumar Varma for malicious prosecution and defamation. The plaintiff alleges that the defendant made false complaints that damaged his reputation and caused emotional distress.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found no merit in the plaintiff's claims and dismissed the suit with costs. The plaintiff failed to prove that the defendant acted without probable and reasonable cause.
Key Reasoning:
The plaintiff did not prove that the prosecution was initiated without probable cause.
The plaintiff did not prove that the prosecution was initiated without probable cause.
Why Defendant Won:
The plaintiff did not prove that the prosecution was initiated without probable cause.
The plaintiff did not prove that the prosecution was initiated without probable cause.
Supporting Evidence
On perusal of pleadings and evidence adduced by PW1 and DW1, this court is satisfied that the plaintiff has failed to prove his case.
Judgment Evidence:
In the result, this court is satisfied that the suit is having no merits and in the result, this suit is to be dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A R Girish Varma
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- R Sreekumar Varma
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Certified copy of Partition deed, True copy of the order issued by General Education Department, Copy of Power of Attorney executed between Mr. A K Raja Varma and Mr. Gireesh Varma, Application for change of management bearing the order of Assistant educational officer, Kayamkulam, Copy of Power of Attorney executed by Mr. A K Raja Varma in favour of plaintiff, Letter no. B1/877/2021 issued by District Educational Officer, Mavelikkara, Letter no. B1/996/2022 issued by District Educational Officer, Mavelikkara, Certified copy of judgment in OS 44/14 of Munsiff Court, Kayamkulam, Copy of Judgment in OS 52/18 of Hon’ble Sub Judge, Mavelikara, Copy of complaint filed by the defendant before the Additional Director General of Police, Crime Branch office, Thiruvananthapuram, Copy of the statement of the plaintiff recorded by the SI of Police, Hill Palace Police Station, Copy of report from the Police Inspector, Hill Palace Police Station to the Assistant Commissioner of Police, Kochi City, Letter from City Police Office, Kochi to the plaintiff, Reply to the legal notice from the defendant, Copy of income tax return filed by the plaintiff in the Assessment year 2022-2023, Copy of letter sent by the defendant to the Headmistress, RVLP School, Krishnapuram, Copy of letter issued by the defendant to the plaintiff.
Defendants Documents
Letter no. 24A/P2Ptn/2021/HP issued from Hill Palace Police Station to the defendant, Letter no. D1-6306/2023/CB-Alp(2) issued from the Police Superintendent, Crime Branch, Alappuzha to the defendant.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vrinda Varma
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M S Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K Sunil
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ardra Krishnan M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Aleena Maria Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Krishnendu D
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Damages
Outcome:
Refused
Description:
The plaintiff sought a compensation of ₹1,00,000 for damage to reputation.
Evidence:
The plaintiff has not proved that the prosecution was initiated by defendant without probable and reasonable cause.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Relevant to issues regarding the management and division of properties.
Reference:
Ext.A1
Document Type:
Order issued by General Education Department
Submitted By:
Plaintiff
Relevance:
Related to management and educational issues of the temple and school.
Reference:
Ext.A2
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's claimed authority over management.
Reference:
Ext.A3
Document Type:
Application for change of management
Submitted By:
Plaintiff
Relevance:
Pertains to administrative changes related to the temple and school.
Reference:
Ext.A4
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Further supports the plaintiff's claims of management authority.
Reference:
Ext.A5
Document Type:
Letter from District Educational Officer
Submitted By:
Plaintiff
Relevance:
Pertains to educational administrative matters.
Reference:
Ext.A6
Document Type:
Letter from District Educational Officer
Submitted By:
Plaintiff
Relevance:
Also relevant to educational administrative matters.
Reference:
Ext.A7
Document Type:
Judgment in OS 44/14
Submitted By:
Plaintiff
Relevance:
Historical context regarding the management and property disputes.
Reference:
Ext.A8
Document Type:
Judgment in OS 52/18
Submitted By:
Plaintiff
Relevance:
Provides context to ongoing litigation over property and management.
Reference:
Ext.A9
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Central to the plaintiff's claims regarding malicious prosecution.
Reference:
Ext.A10
Document Type:
Statement recorded by Police
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's narrative of the events.
Reference:
Ext.A11
Document Type:
Police Report
Submitted By:
Plaintiff
Relevance:
Indicates the closure of the police complaint due to lack of evidence.
Reference:
Ext.A12
Document Type:
Letter from City Police Office
Submitted By:
Plaintiff
Relevance:
Further correspondence concerning the plaintiff's situation.
Reference:
Ext.A13
Document Type:
Letter from City Police Office
Submitted By:
Plaintiff
Relevance:
Additional correspondence related to the plaintiff.
Reference:
Ext.A13(a)
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Formal communication addressing the defendant regarding allegations.
Reference:
Ext.A14
Document Type:
Letter from Hill Palace Police Station
Submitted By:
Defendant
Relevance:
Interacts with the defendant’s claims regarding the complaint.
Reference:
Ext.B1
Document Type:
Letter from Police Superintendent
Submitted By:
Defendant
Relevance:
Correspondence related to the defendant's position.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Malicious prosecution
Case Code
Case between A R Girish Varma vs R Sreekumar Varma regarding malicious prosecution and defamation.
Case Code Year
Case between A R Girish Varma vs R Sreekumar Varma regarding malicious prosecution and defamation.