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
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.
Judgment Evidence:
In the result, the suit is dismissed. The defendants are entitled to the costs of the suit from the plaintiff.
Parties Involved
Plaintiffs
Vinu Gratious alias Stanly Vinu (46 years years)
Valiyaparambil House, Vallarpadam P.O, Mulavukad Village, Kanayannur Taluk, Ernakulam, Pin-682504
Defendants
Our Lady of Ransom National Shrine Basilica (Age not specified years)
Vallarpadam, Vallarpadam P.O Ernakulam, Pin- 682 504
Rev. Fr. Antony Valumkel (62 years years)
Vallarpadam, Vallarpadam P.O, Ernakulam, Pin- 682 504
Cascious Rebello (63 years years)
Pallekkad House, Vallarpadam, Mulavukad P.O, Ernakulam, Pin- 682 504
Edwin K.G (60 years years)
Kalathiveettil House, Vallarpadam, Mulavukad P.O, Ernakulam, Pin- 682 504
Vibin K.X (40 years years)
Kanakkassery House, Panambukad, Vallarpadam, Mulavukad P.O, Ernakulam, Pin - 682 504
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