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O.S. No.248/2016

Case between Vasumathy Sitaram et al vs M.N Sivakumar et al regarding declaration, injunction and cancellation of document

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR
Order Date
2024-08-19
Duration
approximately-8 years
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs Vasumathy Sitaram and Chandramouli filed a suit against M.N Sivakumar and others regarding property ownership disputes and fraudulent documents. They seek declarations and injunctions regarding the property and its management.

Judgment Outcome

Plaintiff Won
Interim Order
The suit was decreed, declaring the ownership and possession of the plaintiffs and specific defendants in the property. It also nullified a fraudulent sale deed and imposed a permanent injunction against certain defendants.
Judgment Favored
Plaintiff
Relief Granted
A decree declaring the ownership and possession of the plaintiffs and defendants No. 4 to 17 in the plaint schedule property and a decree of permanent prohibitory injunction against the defendants No. 1 to 3.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed, declaring the ownership and possession of the plaintiffs and specific defendants in the property. It also nullified a fraudulent sale deed and imposed a permanent injunction against certain defendants.
Why Plaintiff Won:
The plaintiffs provided uncontroverted evidence proving their ownership and possession of the property, along with demonstrating the fraudulent nature of the defendants' sale deed.
Losing Side's Weaknesses:
The plaintiffs provided uncontroverted evidence proving their ownership and possession of the property, along with demonstrating the fraudulent nature of the defendants' sale deed.
Supporting Evidence
The unrebutted oral testimony of PW1 and PW2 and Exts. A1 to A7 established their case as pleaded by them. In the absence of any countervailing evidence to contradict these proof of plaint claim and Exhibits, I learn that same remains uncontroverted.

Judgment Evidence:

In the result, suit is decreed as follows. A decree is hereby passed declaring the ownership and possession of the plaintiffs and defendants No. 4 to 17 in the plaint schedule property. A decree of permanent prohibitory injunction is passed restraining the defendants No. 1 to 3, their men and agents from entering into the plaint schedule property or from committing any waste therein.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
VASUMATHY SITARAM
Party Age
63
Relation
W/o. Late C. Sitaraman
Party Role
Plaintiff
Party Name
CHANDRAMOULI
Relation
S/o. Late C. Seetharaman
Party Role
Defendant
Party Name
M.N Sivakumar
Party Age
35
Relation
S/o. M. Nadarajan
Party Role
Defendant
Party Name
Nissar
Relation
S/o. Mammoty
Party Role
Defendant
Party Name
Abdul Saboor
Party Age
32
Relation
S/o. Salim
Plaintiffs Documents
Certified copy of partition deed No. 1960/1971 of SRO Kochi, Death Certificate of S. Chandramouleeswara Iyer, Digitally signed Relationship certificate.
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
C.R. Vinod Kumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Vinuchand
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
A decree is hereby passed declaring the ownership and possession of the plaintiffs and defendants No. 4 to 17 in the plaint schedule property.
Evidence:
In the result, suit is decreed as follows. A decree is hereby passed declaring the ownership and possession of the plaintiffs and defendants No. 4 to 17 in the plaint schedule property.
Relief Type: Declaration
Outcome: Granted
Description:
A decree is passed declaring the sale deed No. 2343/2011 of SRO Thrippunithura as null and void.
Evidence:
A decree is passed declaring the sale deed No. 2343/2011 of SRO Thrippunithura as null and void.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
A decree of permanent prohibitory injunction is passed restraining the defendants No. 1 to 3 from entering into the plaint schedule property.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants No. 1 to 3, their men and agents from entering into the plaint schedule property or from committing any waste therein.
Relief Type: Other
Outcome: Granted
Description:
The plaintiffs are entitled to realize costs of the suit from defendants and from their assets.
Evidence:
The plaintiffs are entitled to realize costs of the suit from defendants and from their assets.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Certified copy of partition deed No. 1960/1971 of SRO Kochi in favour of the husband of the 1st plaintiff.
Reference:
Ext.A1
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Death certificate of the husband of the 1st plaintiff.
Reference:
Ext.A2
Document Type: Relationship Certificate
Submitted By: Plaintiff
Relevance:
Digitally signed copy of relationship certificate of defendant No. 17 with Chandra Moulisharan Ayyar, who executed Ext.A1.
Reference:
Ext.A3
Document Type: Encumbrance certificate
Submitted By: Plaintiff
Relevance:
Encumbrance certificate with respect to plaint schedule property from 01.01.1984 to 09.10.2015.
Reference:
Ext.A4
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale Deed No. 2343/2011 alleged to be executed by 1st defendant in favour of 2nd and 3rd defendant.
Reference:
Ext.A5
Document Type: Thandaper Extract
Submitted By: Plaintiff
Relevance:
Attested verified copy of Thandaper Extract.
Reference:
Ext.A6
Document Type: Building Tax Receipt
Submitted By: Plaintiff
Relevance:
Attested verified copy of building tax receipt produced by PW2, the Village Officer.
Reference:
Ext.A7
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The unrebutted oral testimony of PW1 and PW2 established their case as pleaded by them.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Vasumathy Sitaram et al vs M.N Sivakumar et al regarding declaration, injunction and cancellation of document
Case Code Year
Case between Vasumathy Sitaram et al vs M.N Sivakumar et al regarding declaration, injunction and cancellation of document

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 01/01/2016 - 12:00
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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