Case Summary
The petitioners, Anil Jose and Vijimol P.S., are siblings filing for an injunction against defendants, including Fr. Mary John and Joy N, who are associated with St. Michael Church concerning a pathway alleged to be threatened with closure. The plaintiffs claim that the defendants are attempting to illegally encroach upon the pathway used by 40 families.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for the injunction has been dismissed, and the interim injunction previously granted has been vacated.
Key Reasoning:
The defendants demonstrated that the plaintiffs had no prima facie case and that the suit was filed to fabricate a dispute.
The defendants demonstrated that the plaintiffs had no prima facie case and that the suit was filed to fabricate a dispute.
Why Defendant Won:
The defendants demonstrated that the plaintiffs had no prima facie case and that the suit was filed to fabricate a dispute.
The defendants demonstrated that the plaintiffs had no prima facie case and that the suit was filed to fabricate a dispute.
Supporting Evidence
The plaintiffs have no prima facie case, no balance of convenience, and no irreparable injury.
Judgment Evidence:
In the result, this petition is dismissed, and the interim injunction granted is hereby vacated.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anil Jose
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Vijimol P.S.
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Fr. Mary John
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joy.N
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mathew
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Edison
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Photographs, death certificates, asset register, RTI response, Aadhar copy, FIR copy.
Defendants Documents
Plaint copy, commission report, photographs, temporary injunction order, FIR copy.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. Vinod
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G.Krishna Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction against the defendants
Evidence:
In the result, this petition is dismissed, and the interim injunction granted is hereby vacated.
Documents & Evidence
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs and documents supporting the petitioner's claim
Reference:
Ext.A1 to A11
Document Type:
Plaint Copy
Submitted By:
Defendant
Relevance:
Copy of the plaint in OS 569/2025 relevant to the dispute
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Report assessing the current state of the C schedule property
Reference:
Ext.B2
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs relevant to the defendant's claims
Reference:
Ext.B3
Document Type:
Injunction Order
Submitted By:
Defendant
Relevance:
Copy of the injunction order relevant to the previous case
Reference:
Ext.B4
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Copy of FIR relating to the plaintiffs' actions
Reference:
Ext.B5
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Copies of petitions submitted to the police
Reference:
Ext.B6 and B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report assessing the C schedule property as per court order
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Public road obstruction
Case Code
Case between Anil Jose et al vs Fr. Mary John et al regarding permanent prohibitory injunction and declaration of easement by prescription.
Case Code Year
Case between Anil Jose et al vs Fr. Mary John et al regarding permanent prohibitory injunction and declaration of easement by prescription.
Case Flags
Arrest Involved