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O.S. No. 1233/2017

Case between Adv. V Devashikhamony vs Abdul Nazar Sait et al regarding permanent prohibitory injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany.
Order Date
2025-08-22
Duration
approximately-3 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, Adv. V Devashikhamony, filed a suit seeking a permanent prohibitory injunction against the respondents, who are the defendants including Abdul Nazar Sait, to prevent them from trespassing into certain properties. The case involves issues related to missing documents and the review of previous court orders.

Judgment Outcome

Plaintiff Won
Interim Order
The petition by Adv. V Devashikhamony for review of the order dated 21.07.2025 was allowed, resulting in the reopening of the case for further proceedings. The dismissal of I.A. No. 46/2025 was found to be erroneous due to non-issuance of necessary document copies.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition by Adv. V Devashikhamony for review of the order dated 21.07.2025 was allowed, resulting in the reopening of the case for further proceedings. The dismissal of I.A. No. 46/2025 was found to be erroneous due to non-issuance of necessary document copies.
Why Plaintiff Won:
The court found an error apparent on the face of the record regarding the dismissal of I.A. No. 46/2025, determining that necessary copies were not issued to the plaintiff, which warranted review.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The court is satisfied that there is an error apparent on face of record in dismissing IA 46/25 as evidently carbon copies of the said order was not issued on the 21.07.2025.

Judgment Evidence:

In the result, 1) The above petition is allowed. Order dated 21.07.2025 dismissing IA 46/2025 and closure of evidence and posting case for hearing is reviewed in the interest of justice.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Adv. V Devashikhamony
Party Age
80
Relation
S/o
Party Role
Defendant
Party Name
Abdul Nazar Sait
Party Age
47
Relation
S/o
Party Role
Defendant
Party Name
The Additional Thahasildar, Kanayannur Taluk
Party Role
Defendant
Party Name
The Taluk Surveyor, Kanayannur Taluk
Party Role
Defendant
Party Name
The Village Officer, Ernakulam Village
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Adv. V Devashikhamony
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv. K V Jayachandran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Adv. Manoj G Krishnan
Appearance Type
Government Pleader

Reliefs

Relief Type: Other
Outcome: Granted
Description:
The petition is allowed and the order dated 21.07.2025 dismissing IA 46/2025 and closure of evidence is reviewed.
Evidence:
The above petition is allowed. Order dated 21.07.2025 dismissing IA 46/2025 and closure of evidence and posting case for hearing is reviewed in the interest of justice.

Documents & Evidence

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 Adv. V Devashikhamony vs Abdul Nazar Sait et al regarding permanent prohibitory injunction
Case Code Year
Case between Adv. V Devashikhamony vs Abdul Nazar Sait et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 01/01/2017 - 12:00
Case Closed
From
Fri, 08/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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