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O.S No. 895/2013

Case between M.R Rajesh vs C. Remani et al regarding injunction and counter claim

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-12-02
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

M.R Rajesh is the plaintiff seeking a permanent prohibitory injunction against several defendants regarding a property dispute. The defendants have also filed a counterclaim related to their rights on the same property and sought mandatory and prohibitory injunctions against the plaintiff.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed both the original suit and the counter claim, finding that the causes of action for the claims were not properly established.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed both the original suit and the counter claim, finding that the causes of action for the claims were not properly established.
Key Reasoning:
The court found that the counterclaim did not establish sufficient evidence or a clear cause of action.
Why Defendant Won:
Not available
Supporting Evidence
The court opined that the counterclaim plaintiff did not prove the cause of action required for the injunctions sought.

Judgment Evidence:

In the result, the suit and counterclaim are dismissed. The parties are directed to suffer their respective costs of the suit and counter claim.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M.R Rajesh
Party Age
28
Relation
S/o
Party Role
Defendant
Party Name
C. Remani
Party Age
53
Relation
W/o
Party Role
Defendant
Party Name
C.T. Saju
Party Age
48
Party Role
Defendant
Party Name
Joseph Varghese
Party Age
48
Party Role
Defendant
Party Name
D. Pramod Kumar
Party Age
32
Party Role
Defendant
Party Name
Sanu Sudhi
Party Age
28
Relation
S/o
Plaintiffs Documents
Defendants Documents
Sale Deed No. 3700/2012, Sale Deed No. 3859/2006, Deed No. 5107/1994, Deed No. 4073/1984, Deed No. 814/1954, Survey Sketch in respect of block No. 461, Thekkumbhagom Village, Kanayannur Taluk.

Advocates

Party Role
Plaintiff
Advocate Name
K.N Chandra Babu
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K. Dhanesh Kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Abraham P. George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Malini K. Menon
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Vinod S. Pillai
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anush A. R
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Javalin Joseph Pallath
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
K.A Shaji Mathew
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Nelson J Manayil
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Decree of permanent prohibitory injunction restraining the defendants from trespassing into the plaint A & B schedule properties and committing waste therein.
Evidence:
In the result, the suit and counterclaim are dismissed.
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Mandatory injunction directing the plaintiff to remove the encroachment made by the plaintiff into the counter claim schedule property.
Evidence:
The counterclaim cannot possibly succeed and that it was incumbent upon the counterclaim plaintiff to have mounted the box and have given evidence to support the issues that are raised in the counterclaim at hand.

Documents & Evidence

Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of the Sale Deed No. 3700/2012.
Reference:
Ext.B1
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of the Sale Deed No. 3859/2006.
Reference:
Ext.B2
Document Type: Partition Deed
Submitted By: Defendant
Relevance:
Certified copy of the Deed No. 5107/1994.
Reference:
Ext.B3
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of the Deed No. 4073/1984.
Reference:
Ext.B4
Document Type: Partition Deed
Submitted By: Defendant
Relevance:
Certified copy of the Deed No. 814/1954.
Reference:
Ext.B5
Document Type: Survey Sketch
Submitted By: Defendant
Relevance:
Certified copy of the Survey Sketch in respect of block No. 461, Thekkumbhagom Village, Kanayannur Taluk.
Reference:
Ext.B6
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission Report filed by Adv. Commissioner R. Rajesh.
Reference:
Ext.C1
Document Type: Survey Sketch
Submitted By: Court
Relevance:
Survey Sketch filed by Taluk Surveyor I.P Sivaraman.
Reference:
Ext.C1(a)

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 M.R Rajesh vs C. Remani et al regarding injunction and counter claim
Case Code Year
Case between M.R Rajesh vs C. Remani et al regarding injunction and counter claim

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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