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O.S No. 400/2023

Case between N M Mariyamma vs Daisy Thomas regarding Declaration and Permanent Prohibitory Injunction

Court
COURT OF THE PRINCIPAL MUNSIFF, KOTTAYAM
Judge
Smt. Jyothi Babu R.
Order Date
2025-03-01
Duration
approximately-1 year 2 months
Case Closed
Sat, 03/01/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

N M Mariyamma filed a suit against Daisy Thomas for a declaration that Settlement deed no.1372/2009 is null and void and to restrain the defendant from committing any acts of waste or mischief in the property. The plaintiff claims that she was evicted forcefully from the property by the defendant.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed, declaring the Settlement deed no.1372/2009 as null and void. The defendant is restrained from committing acts of waste or mischief in the property.
Judgment Favored
Plaintiff
Relief Granted
Settlement deed no.1372/2009 is declared null and void; Permanent prohibitory injunction granted.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, declaring the Settlement deed no.1372/2009 as null and void. The defendant is restrained from committing acts of waste or mischief in the property.
Why Plaintiff Won:
The plaint averments, affidavit and documents establish the plaintiff's case with no rebuttal evidence from the defendant.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.

Judgment Evidence:

In the result, the suit is decreed as follows: It is hereby declared Settlement deed no.1372/2009 as null and void. The defendant is hereby restrained by a decree of permanent prohibitory injunction from committing any acts of waste or mischief in the plaint schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
N M Mariyamma
Party Age
56
Relation
W/o Varughese
Party Role
Defendant
Party Name
Daisy Thomas
Party Age
56
Relation
W/o N M Thomas
Plaintiffs Documents
Notarized copy of Sale Certificate, Certified copy of Settlement Deed No. 1372/2009, Certificate issued from St. Thomas Orthodox Church, Meenadom
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Prasannakumari V R
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Settlement deed no.1372/2009 declared as null and void
Evidence:
It is hereby declared Settlement deed no.1372/2009 as null and void
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendant restrained from committing any acts of waste or mischief in the plaint schedule property
Evidence:
The defendant is hereby restrained by a decree of permanent prohibitory injunction from committing any acts of waste or mischief in the plaint schedule property

Documents & Evidence

Document Type: Notarized copy of Sale Certificate
Submitted By: Plaintiff
Relevance:
This document supports the plaintiff's claim regarding the ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type: Certified Copy of Settlement Deed
Submitted By: Plaintiff
Relevance:
This document was contested by the plaintiff and declared null and void by the court.
Reference:
Ext.A2
Document Type: Certificate issued from St. Thomas Orthodox Church
Submitted By: Plaintiff
Relevance:
This document provides supporting evidence relevant to the case.
Reference:
Ext.A3

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between N M Mariyamma vs Daisy Thomas regarding Declaration and Permanent Prohibitory Injunction
Case Code Year
Case between N M Mariyamma vs Daisy Thomas regarding Declaration and Permanent Prohibitory Injunction

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Mon, 05/01/2023 - 12:00
Case Closed
Sat, 03/01/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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