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O.S No. 734/2021

Case between C.P Prasanth vs Joseph @ Jossy et al regarding declaration and permanent prohibitory injunction

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-01-28
Duration
approximately-3 years 5 months
Case Closed
Tue, 01/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

C.P Prasanth is the plaintiff seeking a declaration and injunction against Joseph @ Jossy and Thomas @ Tomachan regarding rights over pathways adjacent to his property. The plaintiff claims trespass and seeks to prevent the defendants from obstructing access to these pathways.

Judgment Outcome

Defendant Won
Interim Order
The suit was dismissed, with the court finding that the plaintiff was not entitled to the declaration or injunction sought. The defendants were awarded costs.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed, with the court finding that the plaintiff was not entitled to the declaration or injunction sought. The defendants were awarded costs.
Key Reasoning:
The court found no evidence to support the plaintiff's claims regarding rights to the pathways.
Why Defendant Won:
The court found no evidence to support the plaintiff's claims regarding rights to the pathways.
Supporting Evidence
The evidence presented by the plaintiff was insufficient to establish his right to the pathways in question.

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
C.P Prasanth
Party Age
53
Relation
S/o
Party Role
Defendant
Party Name
Joseph @ Jossy
Party Age
52
Relation
S/o
Party Role
Defendant
Party Name
Thomas @ Tomachan
Party Age
48
Relation
S/o
Plaintiffs Documents
Sale Deed No. 1441/1979, Notary attested copy of Deed No. 6006/2004, Deed No. 1727/1986, Land Tax Receipt.
Defendants Documents
Notary attested copy of Sale Deed No. 208/1986, Notary attested copy of Sale Deed No. 274/1985, Certified copy of Sale Deed No. 1441/1979, Photocopy of the Complaint submitted before SHO.

Advocates

Party Role
Plaintiff
Advocate Name
M.S Unnikrishnan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aleena Maria Jose
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Ardra Krishnan M
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Krishnendu D
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
R. Divakaran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Binoi George
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
Plaintiff sought a declaration regarding the right to use the plaint B and C schedule pathways.
Evidence:
In view of the fact that Exhibit A2 is never proved before the court, I am of the opinion that a decree of declaration with respect plaint B schedule pathway as sought for in the plaint also cannot be granted.
Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiff claimed for a permanent prohibitory injunction against the defendants regarding the construction on the pathway.
Evidence:
In such circumstances, I am of the opinion that the issue number III and IV are to be answered against the plaintiff and are answered so.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Original property ownership documentation.
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Notarized copy of the deed related to the property settlement.
Reference:
Ext.A2
Document Type: Deed
Submitted By: Plaintiff
Relevance:
Related deed document.
Reference:
Ext.A3
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Proof of tax payment for the property.
Reference:
Ext.A4
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Notarized copy of the deed related to the defendant's property.
Reference:
Ext.B1
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Notarized copy of the deed related to another piece of property owned by the defendants.
Reference:
Ext.B2
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of a deed to establish property ownership.
Reference:
Ext.B3
Document Type: Photocopy of Complaint
Submitted By: Defendant
Relevance:
Document related to a complaint submitted by the defendants.
Reference:
Ext.B4
Document Type: Acknowledgment Receipt
Submitted By: Defendant
Relevance:
Receipt related to a petition submitted to the police.
Reference:
Ext.B5
Document Type: Land Tax Receipt
Submitted By: Defendant
Relevance:
Proof of tax payment for the property owned by the defendants.
Reference:
Ext.B6
Document Type: Commission Report
Submitted By: Court
Relevance:
Report generated by the advocate commissioner regarding the property.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Rough sketch associated with the commission report.
Reference:
Ext.C1(a)
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Testimony provided by witnesses during the hearing.
Reference:

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 C.P Prasanth vs Joseph @ Jossy et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between C.P Prasanth vs Joseph @ Jossy et al regarding declaration and permanent prohibitory injunction

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 08/01/2021 - 12:00
Case Closed
Tue, 01/28/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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