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O.S.No. 703 /20 18

Case between Pradeep Kumar vs Jenson Nunez regarding permanent prohibitory injunction and counter claim for boundary fixation.

Court
II Additional Munsiff
Judge
Smt. Needi.K. Dinamany
Order Date
2024-08-21
Duration
approximately-5 years 9 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Pradeep Kumar, the plaintiff, seeks a permanent prohibitory injunction against Jenson Nunez, the defendant, to prevent obstruction of a construction. The defendant filed a counter claim for the fixation of boundaries and possession relating to certain property.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the defendant's petition seeking to admit additional documents into evidence, finding it to be belated and lacking merit. The petitioner was directed to pay costs to the respondent.
Judgment Favored
Defendant
Relief Granted
Rs.500/- as costs to respondent
Case Type
Civil Suit
Final Judgment
No
The court dismissed the defendant's petition seeking to admit additional documents into evidence, finding it to be belated and lacking merit. The petitioner was directed to pay costs to the respondent.
Key Reasoning:
The court found no merit in the defendant's petition to accept additional documents, noting that the petition was belated and unnecessary to meet the ends of justice.
Why Defendant Won:
Not available
Supporting Evidence
The present attempt of the petitioner is only to prolong the matter and he was cross examined on 05.09.23...if the above petition is allowed it will not meet the ends of justice.

Judgment Evidence:

In the result, 1)Petition is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Pradeep Kumar
Relation
S/o
Party Role
Defendant
Party Name
Jenson Nunez
Party Age
48
Relation
S/o
Plaintiffs Documents
Defendants Documents
certificate from the village office and sketch showing that the counter claim schedule property is situated in old survey No.1327/4

Advocates

Party Role
Defendant
Advocate Name
N.C.Joseph
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.P.Rexy
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
K.Antony Joseph
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
K.L Sreedevi
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
S.Sreedevi
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Chitra.R. Shenoy
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Other
Outcome: Rejected
Description:
Petition to accept documents in evidence
Evidence:
Hence this court does not find any merit in the above petition.
Relief Type: Other
Outcome: Granted
Description:
Cost to be paid to respondent
Evidence:
For the inconvenience caused to the respondent the petitioner is directed to pay Rs.500/- as costs to respondent.

Documents & Evidence

Document Type: Certificate from Village Office
Submitted By: Defendant
Relevance:
This document was sought to be accepted to prove the counter claim schedule property is situated in old survey No.1327/4.
Reference:
Document Type: Sketch
Submitted By: Defendant
Relevance:
This document was sought to be accepted to prove the counter claim schedule property is situated in old survey No.1327/4.
Reference:

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 Pradeep Kumar vs Jenson Nunez regarding permanent prohibitory injunction and counter claim for boundary fixation.
Case Code Year
Case between Pradeep Kumar vs Jenson Nunez regarding permanent prohibitory injunction and counter claim for boundary fixation.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 11/22/2018 - 12:00
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
80%

Involved Entities

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