Case Summary
The plaintiff, Vinu Gratious alias Stanly Vinu, is seeking specific performance and permanent injunction against the defendants, including the church and its officials, concerning land transactions. The plaintiff claims he was promised land access but disputes arose regarding property rights and agreements.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit for specific performance and permanent injunction, ruling that the plaintiff was not entitled to any relief due to lack of compliance with the terms of the agreement and the expiration of the limitation period.
Key Reasoning:
The plaintiff did not prove readiness and willingness to perform contractual obligations.
The plaintiff did not prove readiness and willingness to perform contractual obligations.
Why Defendant Won:
The plaintiff did not prove readiness and willingness to perform contractual obligations.
The plaintiff did not prove readiness and willingness to perform contractual obligations.
Supporting Evidence
The plaintiff has not made or proved any right over the plaint B schedule property, as claimed for in the plaint.
Judgment Evidence:
In the result, the suit is dismissed. The defendants are entitled to the costs of the suit from the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vinu Gratious alias Stanly Vinu
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Our Lady of Ransom National Shrine Basilica
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Rev. Fr. Antony Valumkel
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Cascious Rebello
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Edwin K.G
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vibin K.X
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Photocopy of Sale Deed No. 246/2018, Sale Agreement, Office copy of lawyer notice, Reply notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shaijan C. George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neeba A.B
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vinai John
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.L Ebenser
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajay Ramesh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Denny Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arliss Tency Antony
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K. L Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sareena George P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Specific Performance
Outcome:
Refused
Description:
Plaintiff requested a decree of specific performance of the agreement dated 29.01.2018.
Evidence:
Hence, the plaintiff is not entitled to a decree of specific performance of agreement dated 29.01.2018.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought permanent prohibitory injunction restraining defendants regarding the plaint B schedule property.
Evidence:
Hence, plaintiff is not entitled to any permanent prohibitory injunction with respect to the plaint B schedule property as sought for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Photocopy of Sale Deed No. 246/2018 marked subject to proof.
Reference:
Ext.A1
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Sale Agreement dated 29.01.2018 marked subject to objection.
Reference:
Ext.A2
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Office copy of notice sent by the plaintiff's lawyer.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice received by the plaintiff.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Commissioner Animisha Sathyan.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Specific performance of contract
Case Code
Case between Vinu Gratious alias Stanly Vinu vs Our Lady of Ransom National Shrine Basilica et al regarding specific performance and permanent prohibitory injunction
Case Code Year
Case between Vinu Gratious alias Stanly Vinu vs Our Lady of Ransom National Shrine Basilica et al regarding specific performance and permanent prohibitory injunction