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O.S No. 880/2023

Case between Remani M.A et al vs Jayapalan P.S et al regarding recovery of possession of property and injunction.

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-02-18
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves plaintiffs Remani M.A, Amal dev P. R, and Anooja P. R claiming ownership over a property. They allege that the defendants, Jayapalan P.S and Jayashankar.PS, have unlawfully encroached upon their property.

Judgment Outcome

Defendant Won
Interim Order
The court found the suit was not properly valued and directed the plaintiffs to amend the plaint with proper valuation and pay the deficit court fees.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found the suit was not properly valued and directed the plaintiffs to amend the plaint with proper valuation and pay the deficit court fees.
Key Reasoning:
The court concluded that the suit was not properly valued based on the arguments presented regarding the valuation of the property.
Why Defendant Won:
The court concluded that the suit was not properly valued based on the arguments presented regarding the valuation of the property.
Supporting Evidence
It is evident on a bare perusal of the section 7(2) of the Act that even if the properties herein mentioned are agricultural properties, the market value of the said property is deemed to be 10 times the annual gross profits of such land.

Judgment Evidence:

In the result, The Issue No. I is found as against the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Remani M.A
Party Age
66
Relation
W/o. Late P. G. Ravi
Party Role
Plaintiff
Party Name
Amal dev P. R
Party Age
32
Relation
S/o. Late P. G Ravi
Party Role
Plaintiff
Party Name
Anooja P. R.
Party Age
30
Relation
Late P. G Ravi
Party Role
Defendant
Party Name
Jayapalan P.S
Party Age
42
Relation
S/o. Late P. G. Sukumaran
Party Role
Defendant
Party Name
Jayashankar.PS
Party Age
35
Relation
S/o lane P.G.Sukumaran
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
R. Premchand
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Dilsha A.A
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Veena M
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
T.B Ragesh
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
T. M Raman Kartha
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Revathy M.A
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Greeshma T.G
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sneha Brigit Prince
Appearance Type
Main Counsel

Reliefs

Relief Type: Other
Outcome: Granted
Description:
Plaintiff directed to furnish fresh valuation and pay deficit court fees.
Evidence:
The plaintiff is therefore directed under Section 12 (2) of the Act to amend the plaint incorporating the proper valuation and proper market value of the properties and pay the deficit court fees before 11.03.2025.

Documents & Evidence

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 Remani M.A et al vs Jayapalan P.S et al regarding recovery of possession of property and injunction.
Case Code Year
Case between Remani M.A et al vs Jayapalan P.S et al regarding recovery of possession of property and injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
70%

Involved Entities

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