OS 32/2025

Case between VALSARAJ RAMATH vs 1THAYYULLATHIL KARUNAN et al regarding permanent prohibitory injunction

Court

COURT OF THE MUNSIFF, NADAPURAM

Judge

Sri. Yadukrishnan. B

Order Date

2025-12-04

Duration

Case Code No.

Case Closed

Judgement document from eCourt website

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Case Summary

VALSARAJ RAMATH is the plaintiff seeking a permanent prohibitory injunction against the defendants, who claim possession of the property in dispute. The plaintiff believes he is in possession based on the title deed and is seeking to amend the plaint to include a request for recovery of possession.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the petition for amendment of the plaint, permitting the plaintiff to incorporate a request for recovery of possession.

Judgment Favored

Plaintiff

Relief Granted

Case Type

Civil Suit

Final Judgment

The court allowed the petition for amendment of the plaint, permitting the plaintiff to incorporate a request for recovery of possession.

Why Plaintiff Won:
The amendment will not change the nature of the suit and prejudice the respondents.

Losing Side's Weaknesses:
Not available

Supporting Evidence

However, it has been stated that the prayer for recovery is hopelessly barred by limitation. The question of limitation can be considered at the time of trial and the present amendment will not change the nature of the suit and may cause prejudice to the opposite side.

Judgment Evidence:

In the result, IA 5/2025 is allowed. Produce amended plaint within 4 days.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: VALSARAJ RAMATH
Party Age: 46
Relation: S/o

Party Role: Defendant
Party Name: 1THAYYULLATHIL KARUNAN
Party Age: 85
Relation: S/o

Party Role: Defendant
Party Name: 2NELLIYULLA PARAMBATH SHAJEESH
Party Age: 50
Relation: S/o

Party Role: Defendant
Party Name: 3NELLIYULLA PARAMBATH SHYJITH
Party Age: 59
Relation: S/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. K. K. Anil Raj
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri. Santhosh Kumar
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. C. R. Biju
Appearance Type: Main Counsel

Reliefs

Relief Type: Injunction

Outcome: Granted

Description:

Amend the plaint to include recovery of possession.

Evidence:

Hence, in the light of discussions IA 5/2025 is hereby allowed.

Documents & Evidence

Case Classification