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O.S. No.398/2021

Case between A.G. Xavier et al vs Omana Charly et al regarding forceful eviction

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR.
Order Date
2025-01-08
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, A.G. Xavier and Judy Xavier, are involved in a suit against the defendants, Omana Charly and Jinil, regarding forceful eviction. The court deemed that the suit could be decreed based on the defendants' undertaking to not evict the plaintiffs except under due process of law.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit to restrain the defendants from forcefully evicting the plaintiffs from the property without due process of law.
Judgment Favored
Plaintiff
Relief Granted
Restraining the defendants from forcefully evicting the plaintiffs
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit to restrain the defendants from forcefully evicting the plaintiffs from the property without due process of law.
Why Plaintiff Won:
The defendants undertook not to evict the plaintiffs except under due process of law.
Losing Side's Weaknesses:
The defendants undertook not to evict the plaintiffs except under due process of law.
Supporting Evidence
The learned counsel for the defendant submits that she has already undertaken in the written statement that she will not forcefully evict the plaintiffs except under due process of law and suit can be decreed.

Judgment Evidence:

In the result, the suit is decreed restraining the defendants and their men from forcefully evicting or dispossessing the plaintiffs from the plaint schedule building, otherwise than due process of law.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
A.G. Xavier
Party Age
56
Relation
S/o
Party Role
Plaintiff
Party Name
Judy Xavier
Party Age
51
Relation
W/o
Party Role
Defendant
Party Name
Omana Charly
Party Age
65
Relation
W/o
Party Role
Defendant
Party Name
Jinil
Party Age
35
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
A. Balagopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Rajagopalan A. M.N.
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Manmadan
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sandhya C. Nair
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
R. Rajesh
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Dileep Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Tesmy Varghese
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Restraining the defendants and their men from forcefully evicting or dispossessing the plaintiffs from the plaint schedule building, otherwise than due process of law.
Evidence:
In the result, the suit is decreed restraining the defendants and their men from forcefully evicting or dispossessing the plaintiffs from the plaint schedule building, otherwise than due process of law.

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 A.G. Xavier et al vs Omana Charly et al regarding forceful eviction
Case Code Year
Case between A.G. Xavier et al vs Omana Charly et al regarding forceful eviction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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