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ORIGINAL SUIT No.216/2021

Case between P Shanmughan vs Sarath Chandran regarding permanent prohibitory injunction

Court
COURT OF THE PRINCIPAL MUNSIFF – I, KOZHIKODE
Judge
Smt.Meera John K
Order Date
2025-12-10
Duration
approximately-4 years 10 months
Case Closed
Wed, 12/10/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, P Shanmughan, claims ownership of a flat based on a will from the deceased, P. Ramachandran. The defendant, Sarath Chandran, disputes this claim, asserting that the will is invalid and that the legal heirs were not included in the lawsuit.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiff's suit for permanent prohibitory injunction, ruling that the suit was not maintainable as the plaintiff did not prove his possession over the property in question.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit for permanent prohibitory injunction, ruling that the suit was not maintainable as the plaintiff did not prove his possession over the property in question.
Key Reasoning:
The plaintiff failed to prove possession and the legal heirs were not made parties to the suit.
Why Defendant Won:
The plaintiff failed to prove possession and the legal heirs were not made parties to the suit.
Supporting Evidence
The plaintiff has failed to prove possession over the plaint schedule property which in turn leads to the inference that the plaintiff is not entitled to get the injunction as sought for.

Judgment Evidence:

In the result, the suit is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
P Shanmughan
Party Age
44
Relation
S/o
Party Role
Defendant
Party Name
Sarath Chandran
Party Age
40
Relation
S/o
Plaintiffs Documents
Certified copy of sale deed executed on 01.03.2008, Original will executed in favour of plaintiff on 06.07.2017
Defendants Documents
True copy of the communication made by Mrs. Bhagyalakshmi Nair to SHO, Town Police Station, Kozhikode, Attested copy of the Visitors Register

Advocates

Party Role
Plaintiff
Advocate Name
Sri. MG Ashokan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Shyam Padman
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Smt.Haritha Haridas
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Smt.Navjyothi S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Smt.Aswathi Shyam
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri.Vishnu Narayanan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiff sought a permanent injunction against the defendant to prevent interference with possession of the plaint schedule flat.
Evidence:
Considering the same, I find that the suit as framed as of now is not maintainable. The plaintiff has failed to prove possession over the plaint schedule property which in turn leads to the inference that the plaintiff is not entitled to get the injunction as sought for.

Documents & Evidence

Document Type: Will
Submitted By: Plaintiff
Relevance:
This document is claimed by the plaintiff to be the basis for his ownership of the plaint schedule property.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This exhibit is a certified copy of the sale deed executed between Skyline builders and Ramachandran.
Reference:
Ext.A1
Document Type: Communication
Submitted By: Defendant
Relevance:
This document is a true copy of the communication made by Mrs. Bhagyalakshmi Nair to SHO regarding the intention to restrict access to the flat.
Reference:
Ext.B1
Document Type: Visitors Register
Submitted By: Defendant
Relevance:
This document evidences the entries of the plaintiff in the visitors register showing his presence at the flat.
Reference:
Ext.B2
Document Type: Mail
Submitted By: Defendant
Relevance:
This true copy of the mail sent by Bhagyalakshmi requests to save CCTV footage regarding the plaintiff's visits.
Reference:
Ext.B4
Document Type: Complaint
Submitted By: Defendant
Relevance:
This mail sent by Mrs. Bhagyalakshmi to the DCP is a complaint against the plaintiff, providing context for the dispute.
Reference:
Ext.B5
Document Type: Power of Attorney
Submitted By: Defendant
Relevance:
This document authorizes the defendant to represent the legal heirs of late P. Ramachandran.
Reference:
Ext.B6
Document Type: Power of Attorney
Submitted By: Defendant
Relevance:
This is a notarized copy of a power of attorney executed in favor of the defendant.
Reference:
Ext.B7
Document Type: Bank statement
Submitted By: Defendant
Relevance:
This document evidences the payment transaction of Mrs. Rukmini Mangalassery regarding the skyline Oceanic Apartment.
Reference:
Ext.B8

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between P Shanmughan vs Sarath Chandran regarding permanent prohibitory injunction
Case Code Year
Case between P Shanmughan vs Sarath Chandran regarding permanent prohibitory injunction

Quick Facts

Location
Kozhikode District
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Case Filed
Mon, 02/01/2021 - 12:00
Case Closed
Wed, 12/10/2025 - 12:00
From
Wed, 10/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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