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
Judgment Favored
Defendant
Relief Granted
Case Type
Execution Petition
Final Judgment
No
Key Reasoning:
The execution petition was found hopelessly barred by limitation.
The execution petition was found hopelessly barred by limitation.
Judgment Evidence:
In the result, EP stands dismissed. No order as to costs.
Parties Involved
Plaintiffs
Vidya Kalesan (72 years years)
Amritheswari Nilayam, Civil View Street, Civil Station, Kozhikode 673 020
Devidas Vamanan (67 years years)
Saidev, Malakkal Paramba, East Hill, Kozhikode 673 005
Defendants
Vidyadharan Vamanan (65 years years)
Aarvee Nivas, Basin Road, Kochi – 682 031
Padma Vidyadharan (59 years years)
Aarvee Nivas, Basin Road, Kochi – 682 031
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