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O.S. No. 244/2025

Case between N M R Siraj vs Deepak Joy regarding realization of money

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-10-31
Duration
approximately-5 years 20 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, N M R Siraj, is seeking damages from the defendant, Deepak Joy, due to false criminal allegations made against him. The case revolves around claims of malicious prosecution stemming from the defendant's actions following a dispute over property.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, awarding damages for malicious prosecution. The defendant was found liable for malicious actions that caused distress to the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Rs.10,00,000/- (Rupees Ten lakhs only) as damages along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, awarding damages for malicious prosecution. The defendant was found liable for malicious actions that caused distress to the plaintiff.
Why Plaintiff Won:
The conduct of the defendant was found to be motivated by malice and did not carry the intent to uphold the law.
Losing Side's Weaknesses:
The conduct of the defendant was found to be motivated by malice and did not carry the intent to uphold the law.
Supporting Evidence
Hence the court is satisfied that there is malice in the act of defendant and criminal proceedings was initiated against plaintiff not to carry law into effect but with a malicious intention.

Judgment Evidence:

In the result, suit is decreed as follows: 1) The defendant shall pay Rs.10,00,000/- (Rupees Ten lakhs only) as damages sustained to the plaintiff on account of false registration of Crime No.1471/2021 of Central police station, Ernakulam.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
N M R Siraj
Party Age
64
Relation
S/o
Party Role
Defendant
Party Name
Deepak Joy
Party Age
54
Relation
S/o
Plaintiffs Documents
Digitally attested salary certificate dated 10.09.2025, Certified copy of the plaint in OS 1434/2018, Certified copy of the FIR in crime No.1471/2021, Certified copy of the final report in crime No.1471/2021.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Latheesh Sebastian
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Binitha James
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Damages
Outcome: Granted
Description:
Plaintiff sought compensation for damages due to malicious prosecution.
Evidence:
Plaintiffs are entitled to realize an amount of Rs.10,00,000/- with interest from the defendant.
Relief Type: Damages
Outcome: Granted
Description:
Interest on the damages awarded to the plaintiff.
Evidence:
Defendant is directed to pay interest at the rate of 6% per annum from the date of suit or till the date of payment or realization.

Documents & Evidence

Document Type: Salary Certificate
Submitted By: Plaintiff
Relevance:
Proves the plaintiff's income and professional status.
Reference:
Ext.A1
Document Type: Plaint
Submitted By: Plaintiff
Relevance:
Provides details of the earlier case filed by the plaintiff.
Reference:
Ext.A2
Document Type: FIR
Submitted By: Plaintiff
Relevance:
Details the criminal allegations against the plaintiff.
Reference:
Ext.A3
Document Type: Final report
Submitted By: Plaintiff
Relevance:
Summarizes the findings of the police investigation regarding the FIR.
Reference:
Ext.A4
Document Type: Order from Sessions Court
Submitted By: Plaintiff
Relevance:
Details the court's order regarding the plaintiff's anticipatory bail.
Reference:
Ext.A5
Document Type: Deposition
Submitted By: Plaintiff
Relevance:
Contains the plaintiff's testimony in the related criminal case.
Reference:
Ext.A6
Document Type: Deposition
Submitted By: Plaintiff
Relevance:
Contains testimony from a prosecution witness in the criminal case.
Reference:
Ext.A7
Document Type: Deposition
Submitted By: Plaintiff
Relevance:
Contains testimony from a prosecution witness in the criminal case.
Reference:
Ext.A8
Document Type: Deposition
Submitted By: Plaintiff
Relevance:
Contains testimony from a prosecution witness in the criminal case.
Reference:
Ext.A9
Document Type: Deposition
Submitted By: Plaintiff
Relevance:
Contains testimony from a prosecution witness in the criminal case.
Reference:
Ext.A10
Document Type: Plaint
Submitted By: Plaintiff
Relevance:
Details the new suit for damages filed by the plaintiff.
Reference:
Ext.A11
Document Type: Interim Application
Submitted By: Plaintiff
Relevance:
Details an interim application related to the new suit.
Reference:
Ext.A12
Document Type: Objection
Submitted By: Plaintiff
Relevance:
Summarizes the arguments presented by the plaintiff in the new suit.
Reference:
Ext.A13
Document Type: Court Order
Submitted By: Plaintiff
Relevance:
Documents the court's dismissal of the interim application for attachment.
Reference:
Ext.A14
Document Type: Court Order
Submitted By: Plaintiff
Relevance:
Documents the district court's ruling on the appeal.
Reference:
Ext.A15
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
Contains the court's judgment on the criminal case that clears the plaintiff.
Reference:
Ext.A16

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Malicious prosecution
Case Code
Case between N M R Siraj vs Deepak Joy regarding realization of money
Case Code Year
Case between N M R Siraj vs Deepak Joy regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Wed, 10/01/2025 - 12:00
To
Fri, 10/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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