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O.S. No.834/2017

Case between Jimmy Panachicken vs Kusumam Michael regarding realization of money for damages and compensation

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. REEJA R. NAIR.
Order Date
2024-08-05
Duration
approximately-7 years 6 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a financial dispute between the plaintiff, Jimmy Panachicken, and his brother, the defendant, Kusumam Michael. The plaintiff claims damages due to a complaint filed by the defendant that hindered a property sale agreement.

Judgment Outcome

Defendant Won
Interim Order
The suit is dismissed with costs to the defendant, as the plaintiff's claims were not substantiated.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed with costs to the defendant, as the plaintiff's claims were not substantiated.
Key Reasoning:
The plaintiff failed to prove his case and did not provide adequate evidence to support his claims.
Why Defendant Won:
The plaintiff failed to prove his case and did not provide adequate evidence to support his claims.
Supporting Evidence
The plaintiff's claims were not substantiated by adequate evidence, leading to the dismissal of the suit with costs to the defendant.

Judgment Evidence:

Therefore, in the above circumstances, it cannot be said that there is defamation and the plaintiff suffered losses and damages as claimed by him entitling him to get damages from the defendant. Hence these issues are found against the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Jimmy Panachicken
Party Age
57
Relation
S/o
Party Role
Plaintiff
Party Name
Jijimol George
Party Age
50
Relation
W/o
Party Role
Defendant
Party Name
Kusumam Michael
Party Age
59
Relation
W/o
Plaintiffs Documents
Original of sale agreement dated 24.01.2017, True copy of the statement of account with SBT Koothattukulam Branch.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Denny Joseph
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Veena G.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
N. Raghuraj
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
A. Anilkumar
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
R. Ranzanie
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Damages
Outcome: Refused
Description:
Claimed compensation for losses incurred due to defendant's actions.
Evidence:
The plaintiff is not entitled to get compensation for an amount of Rs.1,00,000/- as mental agony and Rs.2,00,000/- for damages to the reputation.
Relief Type: Recovery
Outcome: Refused
Description:
Claimed recovery of a total sum of Rs.8,85,000/- including interest.
Evidence:
Hence, these issues are found against the plaintiff.

Documents & Evidence

Document Type: Sale Agreement
Submitted By: Plaintiff
Relevance:
Original of sale agreement dated 24/01/2017 executed between the plaintiff and one Mr. Sunny.
Reference:
Ext.A1
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
True copy of the statement of account with SBT Koothattukulam Branch.
Reference:
Ext.A3
Document Type: Notice
Submitted By: Plaintiff
Relevance:
True copy of complaint filed before the Maintenance Tribunal, Muvattupuzha.
Reference:
Ext.A4
Document Type: Flight Tickets
Submitted By: Plaintiff
Relevance:
True copy of flight tickets (3 Nos.) produced to show expenses incurred.
Reference:
Ext.A7 series
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
True copy of lawyer notice.
Reference:
Ext.A8
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Reply notice.
Reference:
Ext.A9
Document Type: Certified copy of Order
Submitted By: Court
Relevance:
Certified copy of the order in the complaint before the Maintenance Tribunal.
Reference:
Ext.B1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Defamatory acts
Case Code
Case between Jimmy Panachicken vs Kusumam Michael regarding realization of money for damages and compensation
Case Code Year
Case between Jimmy Panachicken vs Kusumam Michael regarding realization of money for damages and compensation

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/24/2017 - 12:00
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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