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O.S No. 470/2002

Case between Vidya Kalesan et al vs Vidyadharan Vamanan et al regarding execution of decree

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-01-23
Duration
approximately-13 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The decree holders, successors of the plaintiffs, are seeking to execute a decree that restrains the judgment debtors from entering the plaint schedule property. The judgment debtors have allegedly trespassed the property, violating the decree of permanent prohibitory injunction.

Judgment Outcome

Defendant Won
Interim Order
The execution petition was dismissed as it was found to be barred by limitation. The court stated that there was no averment of the mandatory injunction part of the decree being executed.
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
The execution petition was dismissed as it was found to be barred by limitation. The court stated that there was no averment of the mandatory injunction part of the decree being executed.
Key Reasoning:
The execution petition was found hopelessly barred by limitation.
Why Defendant Won:
The execution petition was found hopelessly barred by limitation.
Supporting Evidence
The execution petition is filed only in the year 2023. Hence, it is clearly to be taken that the execution petition, for the purpose of executing the permanent prohibitory injunction part of the decree, is hopelessly barred by limitation.

Judgment Evidence:

In the result, EP stands dismissed. No order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Vidya Kalesan
Party Age
72
Relation
W/o
Party Role
Plaintiff
Party Name
Devidas Vamanan
Party Age
67
Relation
S/o
Party Role
Defendant
Party Name
Vidyadharan Vamanan
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
Padma Vidyadharan
Party Age
59
Relation
W/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
V. K Balachandran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P. Sathisan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Samuel Shibu
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Abhiram Sunish
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Soorya Mariya Kurian
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Aafina Santhosh
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The execution petition sought to enforce a permanent prohibitory injunction.
Evidence:
the execution petition is not maintainable and is dismissed
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
The petition requested the sending of the first judgment debtor to civil prison and attachment of properties.
Evidence:
the execution petition is not maintainable and is dismissed

Documents & Evidence

Document Type: Registered Will
Submitted By: Plaintiff
Relevance:
This document is referred to as the basis for the decree holders' claim to the property.
Reference:
document No. 68 /2022
Document Type: Letter of Administration
Submitted By: Plaintiff
Relevance:
This document was issued with respect to the registered will.
Reference:
Document Type: Assignment Document
Submitted By: Plaintiff
Relevance:
This document is referenced to show the assignment of property to the second decree holder.
Reference:
document No.3391 by 1997
Document Type: Decree
Submitted By: Court
Relevance:
This decree is the basis for the execution petition and outlines the injunctions against the judgment debtors.
Reference:
OS 470/2002
Document Type: Judgment
Submitted By: Court
Relevance:
This judgment is mentioned to illustrate the procedural history of the case.
Reference:
Judgment and Decree in OS 6/2016

Case Classification

Case Type
Execution Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Vidya Kalesan et al vs Vidyadharan Vamanan et al regarding execution of decree
Case Code Year
Case between Vidya Kalesan et al vs Vidyadharan Vamanan et al regarding execution of decree

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 02/15/2002 - 12:00
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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