Case Summary
The plaintiffs, Alexander K A @ Jolly and others, are seeking a permanent prohibitory injunction against the defendants, Josy K P and Liji, concerning a property dispute. The plaintiffs claim the defendants unlawfully trespassed and damaged their property, which they have possessed for over a decade.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from entering the plaint B schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their ownership and peaceful possession of the property through documentary evidence, while the defendants failed to provide evidence to support their claims.
The plaintiffs proved their ownership and peaceful possession of the property through documentary evidence, while the defendants failed to provide evidence to support their claims.
Judgment Evidence:
In the result, suit is decreed with costs on the following terms. Defendants and their men are restrained by a permanent prohibitory injunction from entering to the plaint B schedule property or from dealing with the same in any manner affecting the right, title and interest of the plaintiffs over the same or from committing any waste in the plaint B schedule property.
Parties Involved
Plaintiffs
Alexander K A @ Jolly (54 years)
Kuzhikathara House, Edayakunnam Kapela, St. Xavier's Road, Cheranelloor - 682 034
Mary Francy (46 years)
Kuzhikathara House, Edayakunnam Kapela, St. Xavier's Road, Cheranelloor - 682 034
Valsa Antony (55 years)
Olakenkil House, Edayakunnam Kapela, St. Xavier's Road, Cheranelloor - 682 034
Keats Antony (35 years)
Olakenkil House, Edayakunnam Kapela, St. Xavier's Road, Cheranelloor - 682 034
Defendants
Josy K P (Age not specified years)
Kuttikal House, Edayakunnam Kapela, St. Xavier's Road, Cheranelloor, Ernakulam - 682 034
Liji (44 years)
Kuttikal House, Edayakunnam Kapela, St. Xavier's Road, Cheranelloor, Ernakulam - 682 034
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and their men are restrained from entering into the plaint B schedule property.
Evidence:
Defendants and their men are restrained by a permanent prohibitory injunction from entering to the plaint B schedule property or from dealing with the same in any manner affecting the right, title and interest of the plaintiffs over the same or from committing any waste in the plaint B schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are liable to pay costs to the plaintiffs.
Evidence:
Defendants are liable to pay costs of suit to plaintiffs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Plaintiffs acquired property through this sale deed.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Prior deed related to the property owned by the plaintiffs.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Related to the acquisition of the property by the plaintiffs.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original deed relating to the property in dispute.
Reference:
Ext.A4
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Prior deed concerning the property ownership.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Deed through which plaintiffs obtained a share in the property.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Prior deed that details the ownership of the property.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Court's examination of the property confirming plaintiffs' claims.
Reference:
Ext.C1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Acquisition of plaint C schedule property by the plaintiffs.
Reference:
Ext.A14
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Acquisition of plaint D schedule property by the plaintiffs.
Reference:
Ext.A15
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Conveyed undivided rights in plaint B schedule property.
Reference:
Ext.A16
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Prior deed relevant to understanding the ownership.
Reference:
Ext.A17