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O.S No.754/2019

Case between Thomas @ Baby et al vs Secretary regarding declaration and injunction.

Court
Munsiff Court, Kottayam
Judge
Smt. Jyothi Babu R.
Order Date
2025-02-22
Duration
approximately-5 years 9 months
Case Closed
Sat, 02/22/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Thomas @ Baby and Mathew, claim to be the absolute owners of properties and are contesting the defendant's action of measuring their private road without legal right. The suit seeks to declare the road as private property and prevent the defendant from taking further action.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiffs, declaring the property as private and not a panchayat road. The defendant is ordered to remove the entry in the asset register.
Judgment Favored
Plaintiff
Relief Granted
The item no.3 is declared as a private property not vested with the defendant, and a permanent injunction is placed on the defendant to prevent further actions.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, declaring the property as private and not a panchayat road. The defendant is ordered to remove the entry in the asset register.
Why Plaintiff Won:
The plaintiffs established their ownership and the lack of legal grounds for the defendant's actions.
Losing Side's Weaknesses:
The plaintiffs established their ownership and the lack of legal grounds for the defendant's actions.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiffs. There is no evidence to rebut the evidence adduced on the side of the plaintiffs.

Judgment Evidence:

In the result, the suit is decreed as follows: 1) It is hereby declared that the item no.3 is a private property and not a panchayat road and the same has not been vested with the defendant Ayarkunnam Grama Panchayat.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Thomas @ Baby
Party Age
70
Relation
S/o
Party Role
Plaintiff
Party Name
Mathew
Party Age
95
Relation
S/o
Party Role
Defendant
Party Name
Secretary, Ayarkunnam Grama Panchayath
Plaintiffs Documents
Copy of sale deed No.745/90, Copy of settlement deed No.1882/91, Tax receipt, Copy of Lawyer's notice, Acknowledgment card copy, Copy of commission report.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Raju Abraham
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Declaration that item no.3 is a private property and not a panchayat road.
Evidence:
It is hereby declared that the item no.3 is a private property and not a panchayat road.
Relief Type: Other
Outcome: Granted
Description:
Direction to remove entry in the Asset Register regarding item no.3.
Evidence:
The defendant is hereby directed to remove the entry made in the Asset register.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent injunction against concreting or tarring item no.3 property.
Evidence:
The defendant and people under them are hereby restrained by a decree of permanent prohibitory injunction.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Copy of sale deed establishing ownership of property.
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Copy of settlement deed supporting plaintiffs' claim.
Reference:
Ext.A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt demonstrating plaintiffs' financial responsibility for the property.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Another tax receipt supporting the plaintiffs' claim.
Reference:
Ext.A3(a)
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Copy of notice sent to defend against unauthorized actions by the defendant.
Reference:
Ext.A4
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment card relevant to the case proceedings.
Reference:
Ext.A5
Document Type: Commission Report
Submitted By: Plaintiff
Relevance:
Copy of commission report relevant to the plaintiffs' claim of ownership.
Reference:
Ext.A6

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Unauthorized occupation
Case Code
Case between Thomas @ Baby et al vs Secretary regarding declaration and injunction.
Case Code Year
Case between Thomas @ Baby et al vs Secretary regarding declaration and injunction.

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Fri, 05/31/2019 - 12:00
Case Closed
Sat, 02/22/2025 - 12:00
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
95%

Involved Entities

Panchayat

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