Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
OS. No. 971/2013

Case between Muttayya Konar vs Sankaralingam et al regarding Declaration and Injunction

Court
COURT OF THE MUNSIFF, KOLLAM
Judge
Smt. Ragi.S.
Order Date
2025-01-24
Duration
approximately-11 years 4 months
Case Closed
Fri, 01/24/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Muttayya Konar is the plaintiff seeking a declaration of title and possession over a property he claims to have possessed since 1954. The defendants are claiming the property through inheritance, leading to disputes over its ownership.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit as the plaintiff could not prove a clear title to the property in question, which was deemed not identifiable. No costs were awarded due to the circumstances.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit as the plaintiff could not prove a clear title to the property in question, which was deemed not identifiable. No costs were awarded due to the circumstances.
Key Reasoning:
The plaintiff failed to establish a clear title or specific identification of the property.
Why Defendant Won:
The plaintiff failed to establish a clear title or specific identification of the property.
Supporting Evidence
The plaintiff miserably fails to prove his case positively.

Judgment Evidence:

In the result, suit is dismissed. No costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Muttayya Konar
Party Age
70
Relation
S/o
Party Role
Defendant
Party Name
Sankaralingam
Party Age
82
Relation
S/o
Party Role
Defendant
Party Name
Padmanabhan
Party Age
78
Relation
S/o
Party Role
Defendant
Party Name
Sekhar
Party Age
60
Party Role
Defendant
Party Name
Mohanan
Party Age
57
Party Role
Defendant
Party Name
Baiju
Party Age
48
Plaintiffs Documents
Certified copy of Order in RC(OP).No.79/12, Nativity Certificate No. 774/89, overdue notice card, Ration Card No. KLM 014413, Residence Certificate, S.S.L.C Book of Selvaraj.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
A.Rajesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
N.Anwardeen
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Niaz.A
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anu.V.U.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P.Deepa
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.Balamurali
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Refused
Description:
Plaintiff sought a declaration of title over the plaint schedule property.
Evidence:
Hence, the plaintiff is not entitled to have the right over the plaint schedule property declared since the same is not identifiable.
Relief Type: Injunction
Outcome: Refused
Description:
Plaintiff sought a perpetual injunction to restrain the defendants from dispossessing him.
Evidence:
Hence, the plaintiff is not entitled to the relief of perpetual injunction over the plaint schedule property since the plaint schedule property is not identified.

Documents & Evidence

Document Type: Certified copy of Order
Submitted By: Plaintiff
Relevance:
This document establishes the context of the ongoing dispute and prior rulings relevant to the plaintiff's claims.
Reference:
Ext A1
Document Type: Nativity Certificate
Submitted By: Plaintiff
Relevance:
This document supports the identity and residency claims of the plaintiff.
Reference:
Ext A2
Document Type: Overdue notice card
Submitted By: Plaintiff
Relevance:
This document serves as evidence related to the plaintiff's presence and activities in the locality.
Reference:
Ext A3
Document Type: Ration Card
Submitted By: Plaintiff
Relevance:
This document affirms the residence of the plaintiff in the area, contributing to the claim of continuous possession.
Reference:
Ext A4
Document Type: Residence Certificate
Submitted By: Plaintiff
Relevance:
This document serves as further proof of the plaintiff's residency and assertion of ownership over the property.
Reference:
Ext A5
Document Type: SSLC Book
Submitted By: Plaintiff
Relevance:
This document supports the identity of the plaintiff's son, further linking the family to the case and property.
Reference:
Ext A6

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Muttayya Konar vs Sankaralingam et al regarding Declaration and Injunction
Case Code Year
Case between Muttayya Konar vs Sankaralingam et al regarding Declaration and Injunction

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Fri, 09/27/2013 - 12:00
Case Closed
Fri, 01/24/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
80%

Involved Entities

Similar Cases

Case between Vijayendran, Chithra vs Yamunadevi regarding review of order
COURT OF THE MUNSIFF, KOLLAM
Civil Suit Plaintiff Won
Case between Navasudeen.S vs Sira Group regarding review of an earlier order
Court of the Munsiff, Kollam
Civil Suit Defendant Won
Case between Sajeev vs T.Unnikrishna Pillai regarding setting aside an exparte decree.
COURT OF THE MUNSIFF, KOLLAM
Civil Suit Defendant Won
Case between Gopakumar vs K.S.Abdul Manaf regarding Realisation of Money
THE COURT OF THE MUNSIFF, KOLLAM.
Civil Suit Defendant Won
Case between Bank of India vs Shibina. S et al regarding dismissal of suit as not pressed.
COURT OF THE MUNSIFF, KOLLAM
Civil Suit Defendant Won