Baby V C vs Kunjumol Advocate - DEEPTHI G NAIR, K VINOD KUMAR — 100076/2021

Case under Code of Civil Procedure Section 41. Disposed: Contested--DISMISSED on 10th April 2026.

Case disposed

AS - CIVIL APPEAL

CNR: KLKT010023272021

Filing Number

791/2021

Filing Date

18-Oct-2021

Registration No

100076/2021

Registration Date

18-Oct-2021

Court

Principal District & Sessions Court / Rent Control Appellate Authority, Kottayam

Judge

3-Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

Decision Date

10-Apr-2026

Nature of Disposal

Contested--DISMISSED

Last updated 10-Jun-2026

Acts & Sections

Code of Civil Procedure Section 41

Petitioner(s)

  1. 1.Baby V C

    Adv. JAYAKRISHNAN R

Respondent(s)

  1. 1.Kunjumol Advocate - DEEPTHI G NAIR, K VINOD KUMAR

  2. 2.Thomas Joseph

    Adv. K VINOD KUMAR,DEEPTHI G NAIR

Case History

  1. Case disposedDisposed

  2. 10-Apr-2026

    JudgementView PDF

    Summary of Case 100076/2021 Decision: The appellate court dismissed Baby V C's appeal and confirmed the trial court's dismissal of the injunction suit. The court found that the plaintiff failed to establish that defendants reduced the pathway width and did not approach the court with clean hands, as he overstated the pathway's width as 6 feet when evidence showed it was approximately 5 feet. Key Reasoning: Commissioner reports and the plaintiff's own testimony revealed the disputed pathway had an average width of 5 feet (not 6 feet as claimed), and the boundary walls were not reconstructed in a manner that reduced the pathway's width. The court also rejected the non-joinder of parties argument, finding the suit was maintainable against the two defendants alone. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 10-Apr-2026

    Disposed

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  4. 07-Apr-2026

    Order/Judgement

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  5. 31-Mar-2026

    Order/Judgement

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  6. 26-Mar-2026

    Order/Judgement

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  7. 16-Mar-2026

    Order/Judgement

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  8. 11-Mar-2026

    Issue Notice

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  9. 07-Mar-2026

    Order/Judgement

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  10. 27-Feb-2026

    Order/Judgement

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  11. 26-Feb-2026

    Order/Judgement

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  12. 17-Feb-2026

    Order/Judgement

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  13. 28-Jan-2026

    Order/Judgement

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  14. 22-Jan-2026

    For Further Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  15. 19-Jan-2026

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  16. 18-Dec-2025

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  17. 09-Dec-2025

    Adjourned

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  18. 10-Nov-2025

    Appearance of Parties

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  19. 24-Oct-2025

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  20. 17-Oct-2025

    Call On

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  21. 09-Oct-2025

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  22. 20-Sep-2025

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  23. 11-Sep-2025

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  24. 12-Aug-2025

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  25. 14-Jul-2025

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  26. 07-Jun-2025

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  27. 27-May-2025

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  28. 08-Apr-2025

    Call On

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  29. 04-Apr-2025

    Adjourned

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  30. 27-Mar-2025

    Referred to Mediator

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  31. 23-Jan-2025

    Call On

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  32. 21-Nov-2024

    Call On

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  33. 19-Jul-2024

    Call On

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  34. 20-Feb-2024

    Appellant Prays

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  35. 11-Oct-2023

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  36. 06-Jul-2023

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  37. 13-Apr-2023

    For Hearing

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  38. 04-Jan-2023

    Call On

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  39. 26-Oct-2022

    Call On

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  40. 17-Aug-2022

    Issue Notice

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  41. 16-Jun-2022

    Adjourned

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  42. 01-Apr-2022

    For Steps

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  43. 10-Feb-2022

    Adjourned

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  44. 02-Dec-2021

    For Steps

    Addl. District and Sessions Judge - II (Spl.) / Addl. MACT-I, Kottayam

  45. 21-Oct-2021

    First hearing

    Initial hearing scheduled

  46. 18-Oct-2021

    Case filed

    Registration No. 100076/2021

casestatus.in Summary

Summary of Case 100076/2021 Decision: The appellate court dismissed Baby V C's appeal and confirmed the trial court's dismissal of the injunction suit. The court found that the plaintiff failed to establish that defendants reduced the pathway width and did not approach the court with clean hands, as he overstated the pathway's width as 6 feet when evidence showed it was approximately 5 feet. Key Reasoning: Commissioner reports and the plaintiff's own testimony revealed the disputed pathway had an average width of 5 feet (not 6 feet as claimed), and the boundary walls were not reconstructed in a manner that reduced the pathway's width. The court also rejected the non-joinder of parties argument, finding the suit was maintainable against the two defendants alone. This case analysis is maintained by casestatus.in based on publicly available court records.

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