Meaning
Querist :
Anonymous
(Querist) 04 September 2011
This query is : Resolved
if the final order says
1) suit of the Plaintiff is decreed in part
2) also gives the permanent injunction for the propety claimed
does this mean Plaintiff case not completely in his favour?
what is the rights of defendants in this case? is it favourable to them
Raj Kumar Makkad
(Expert) 04 September 2011
This means some of the claim of the plaintiff has been accepted as indicated by you and some other which you didn't mention in the query, have not been granted to him. So, plaintiff has become successful upto his acceptance of claim which is opposite for defendant/respondent.
R.Ramachandran
(Expert) 04 September 2011
If you can post the operative portion of the court decision, one will be able to say as to what is the true import of the decision. Otherwise it is only a reply on the basis of what you say here.
prabhakar singh
(Expert) 04 September 2011
on the basis of facts available our explanation would be limited to things anticipated by Mr. Makkad unless you post operative part as requested by Mr.Rama chandran.
Querist :
Anonymous
(Querist) 04 September 2011
I believe this is the operative part, please sugges
Final order says
Suit of the plaintiff is hereby decreed in part
I declared that the plaintiff is the oabsolute owner of the lawful possession over the suit schedul property by granting permanent injunction, by restraining the defendants, their agents, henchmen, supporters or anybody acting or claiming on behalf of them from interfering with the peaceful possession and enjoyment of the suit schedule properties.
R.Ramachandran
(Expert) 04 September 2011
According to this operative part
(1) the plaintiff has been declared to be not only the absolute owner but also declared to be in lawful possession of the property in question.
(2) the defendants have been restrained from interferring with the peaceful possession and enjoyment of the property by the plaintiff.
Apart from the above reliefs, you might have sought some more relief in the plaint, which obviously was not decreed in your favour. That is why the operative part says that the "Suit of the plaintiff is decreed in part".
The decree as passed by the Court is not in favour of the defendants at all.
Querist :
Anonymous
(Querist) 04 September 2011
Ramachandran sir, thanks
I went thorugh the plaint claim
c) pass such order or orders as deemed fit to pass with court costs and advocates fee under the facts and circumstances of the case.
The opertaive part says. No order as to costs, is it becuase of this the suit is decreed in part?
Raj Kumar Makkad
(Expert) 04 September 2011
So judgment itself is self explanatory.
Querist :
Anonymous
(Querist) 04 September 2011
Thanks to all for views. As always,It really helped me.
Guest
(Expert) 05 September 2011
I agree with the interpretation of Shri Ramachandran.
Chanchal Nag Chowdhury
(Expert) 05 September 2011
It is for the plaintiff to be satisfied or not.
If the defendant feels such decree does not affect him adversely, he may accept it, otherwise, he will have to file an Appeal from the decree.
