Original Suit No. 382/2024

Case between Chanthukutty @ Radhakrishnan vs Narayanan Nair NV et al regarding cancellation of document and permanent prohibitory Injunction

Court

IN THE COURT OF THE PRINCIPAL MUNSIFF – I

Judge

Smt.Meera John K.

Order Date

2025-09-25

Duration

approximately-2 years 21 days

Case Closed

Thu, 09/25/2025 - 12:00

Judgement document from eCourt website

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Case Summary

Chanthukutty @ Radhakrishnan filed a suit against Narayanan Nair NV and BP Soumini seeking cancellation of a document and a permanent prohibitory injunction. The plaintiff claims rights over the plaint schedule property, which he asserts was wrongfully mortgaged as security.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed the suit in favor of the plaintiff, cancelling the disputed document and issuing a permanent prohibitory injunction against the defendants.

Judgment Favored

Plaintiff

Relief Granted

Cancellation of document No. 2025/1999 and a permanent prohibitory injunction against the defendants from alienating the plaint schedule property.

Case Type

Civil Suit

Final Judgment

The court decreed the suit in favor of the plaintiff, cancelling the disputed document and issuing a permanent prohibitory injunction against the defendants.

Why Plaintiff Won:
The unchallenged evidence showed the plaintiff's entitlement to a decree as prayed for.

Losing Side's Weaknesses:
The unchallenged evidence showed the plaintiff's entitlement to a decree as prayed for.

Supporting Evidence

The unchallenged evidence of PW1 and Exts. A1 to A9 would show that the plaintiff is entitled to a decree as prayed for.

Judgment Evidence:

In the result, the suit is decreed as follows: 1. That document No. 2025/1999 of Kakkodi SRO is hereby cancelled. 2. The defendants are restrained by a decree of permanent prohibitory injunction from alienating the plaint schedule property and from committing waste therein by virtue of sale deed No. 2025/1999 of Kakkodi SRO. 3. The plaintiff is entitled to get the costs of the suit from the defendants.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Chanthukutty @ Radhakrishnan
Party Age: 66
Relation: S/o

Party Role: Defendant
Party Name: Narayanan Nair NV
Party Age: 84
Relation: S/o

Party Role: Defendant
Party Name: BP Soumini
Party Age: 77
Relation: W/o

Plaintiffs Documents

Certified copy of jenmam assignment deed No.2205/99, Demand notice issued by Special Deputy Thahasildar, Orders in PLP (D)35590/2015 and PLP (D)35595/2015 of District Legal Service Authority, Ownership certificate issued by Kuruvattoor Grama Panchayath, Land Tax receipts, Notice Number 9016/24-25 issued by Deputy Collector.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri.Unnikrishnan Puthalath
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. K Madhumohanan
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Cancellation

Outcome: Granted

Description:

Cancellation of document No. 2025/1999.

Evidence:

Suit is decreed as follows: 1That document No. 2025/1999 of Kakkodi SRO is hereby cancelled.

Relief Type: Permanent Injunction

Outcome: Granted

Description:

Permanent prohibitory injunction against the defendants from alienating the property.

Evidence:

The defendants are restrained by a decree of permanent prohibitory injunction from alienating the plaint schedule property.

Relief Type: Costs

Outcome: Granted

Description:

Plaintiff is entitled to receive costs of the suit from defendants.

Evidence:

The plaintiff is entitled to get the costs of the suit from the defendants.

Documents & Evidence

Document Type: Certified copy of Jenmam assignment deed

Submitted By: Plaintiff

Relevance:

Demonstrates ownership and right over the property in question.

Reference:

Ext.A1

Document Type: Demand Notice

Submitted By: Plaintiff

Relevance:

Shows prior legal actions taken regarding the property.

Reference:

Ext.A2

Document Type: Order

Submitted By: Court

Relevance:

Related to settlement of a previous financial complaint.

Reference:

Ext.A3

Document Type: Order

Submitted By: Court

Relevance:

Related to settlement of another financial complaint.

Reference:

Ext.A4

Document Type: Ownership Certificate

Submitted By: Plaintiff

Relevance:

Establishes the plaintiff's claim over the property.

Reference:

Ext.A5

Document Type: Land Tax Receipt

Submitted By: Plaintiff

Relevance: