Case Summary
The plaintiffs Anna and Mary, along with their mother, claim ownership of a flat in the Golden Residency complex. They allege that the third defendant unlawfully occupied their property and seek the court's intervention to restore their possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the flat and restrain from trespassing.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs, declaring them as the rightful owners of the flat and issuing an injunction against the third defendant to vacate the premises.
Why Plaintiff Won:
The plaintiffs proved their ownership with sufficient documentation.
The plaintiffs proved their ownership with sufficient documentation.
Losing Side's Weaknesses:
The plaintiffs proved their ownership with sufficient documentation.
The plaintiffs proved their ownership with sufficient documentation.
Supporting Evidence
The court is satisfied that plaintiffs have proved their case. The court is satisfied that 3rd defendant does not have any ownership over the plaint schedule flat.
Judgment Evidence:
In the result, suit is decreed as follows: 1) 3rd defendant is directed by a mandatory injunction to vacate the plaint schedule flat within a period of three months from date of this judgment...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anna
- Party Age
- 76
- Relation
- W/o Iype Joseph
- Party Role
- Plaintiff
- Party Name
- Mary
- Party Age
- 74
- Relation
- W/o Paulose
- Party Role
- Defendant
- Party Name
- The Golden Residency Owners Association
- Relation
- represented by its Secretary
- Party Role
- Defendant
- Party Name
- Kochurani Vincent
- Party Age
- 64
- Relation
- D/o late Vincent
- Party Role
- Defendant
- Party Name
- P O Thomas
- Party Age
- 45
- Relation
- S/o Father's name not known
Plaintiffs Documents
Certified copy of the registered Power of attorney bearing no. 46/1999 of Ernakulam SRO, Original of the registered settlement deed bearing no. 3175/1979 of Ernakulam SRO, Certified copy of the registered Sale deed bearing no. 2208/1967 of Ernakulam SRO, Certified copy of Plaint in OS 795/2018 of Hon'ble Munsiff Court, Ernakulam
Defendants Documents
Certified copy of registered Power of attorney registered as 244/1995, Original agreement for Sale of 1/66 part of undivided share in the landed property, Original agreement for construction of plaint scheduled flat 1 AS (Subject to proof), Original Sale agreement of apartment 1 AS between K T John and defendant 3
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A T Anilkumar (Anil Mamala)
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishob K Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas M Jacob
- Appearance Type
- Exparte
- Party Role
- Defendant
- Advocate Name
- Manoj R
- Appearance Type
- Exparte
- Party Role
- Defendant
- Advocate Name
- Sheena Rajan
- Appearance Type
- Exparte
- Party Role
- Defendant
- Advocate Name
- Party in Person
- Appearance Type
- Party in Person
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
3rd defendant is directed to vacate the plaint schedule flat within a period of three months.
Evidence:
3rd defendant is directed by a mandatory injunction to vacate the plaint schedule flat within a period of three months from date of this judgment.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into the plaint schedule flat or from interfering with the peaceful possession of the plaintiffs.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from trespassing into the plaint schedule flat or from interfering with the peaceful possession and enjoyment of the plaintiffs in the plaint schedule flat.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay the cost of the suit to plaintiffs.
Evidence:
Defendants are directed to pay the cost of the suit to plaintiffs.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of the registered Power of attorney bearing no. 46/1999 of Ernakulam SRO
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original of the registered settlement deed bearing no. 3175/1979 of Ernakulam SRO
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the registered Sale deed bearing no. 2208/1967 of Ernakulam SRO
Reference:
Ext.A3
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Certified copy of Plaint in OS 795/2018 of Hon’ble Munsiff Court, Ernakulam
Reference:
Ext.A4
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Certified copy of registered Power of attorney registered as 244/1995
Reference:
Ext.B1
Document Type:
Agreement for sale
Submitted By:
Defendant
Relevance:
Original agreement for Sale of 1/66 part of undivided share in the landed property
Reference:
Ext.B2
Document Type:
Agreement for Construction
Submitted By:
Defendant
Relevance:
Original agreement for construction of plaint scheduled flat 1 AS
Reference:
Ext.B3
Document Type:
KSEB Consumer Profile
Submitted By:
Defendant
Relevance:
Original copy of the KSEB consumer profile of K T John
Reference:
Ext.B4
Document Type:
Sale Agreement
Submitted By:
Defendant
Relevance:
Original Sale agreement of apartment 1 AS between K T John and defendant 3
Reference:
Ext.B5
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Original receipt of DD of Rs. 17,00,000/- given to K T John towards the sale consideration of 1 AS Flat
Reference:
Ext.B6
Document Type:
Affidavit
Submitted By:
Defendant
Relevance:
Certified copy of the affidavit filed by Dr. Jose Tharayil, Secretary of Golden Residency Association
Reference:
Ext.B7
Document Type:
Request for Registration
Submitted By:
Defendant
Relevance:
Certified copy of request made by Dr. Jose Tharayil, Secretary Golden residency Association, for registering the association
Reference:
Ext.B8
Document Type:
Electricity Bill
Submitted By:
Defendant
Relevance:
Original Electricity bill with consumer no. 1155421031490 in the name of Third defendant
Reference:
Ext.B9
Document Type:
Notice
Submitted By:
Defendant
Relevance:
True copy of notice sent to 1st Plaintiff Iype Joseph
Reference:
Ext.B10
Document Type:
Receipt of Registered Post
Submitted By:
Defendant
Relevance:
True copy of the receipt of the registered post
Reference:
Ext.B11
Document Type:
Notice
Submitted By:
Defendant
Relevance:
True copy of the notice sent to the secretary of Golden Residency Association expressing the readiness to get registered plaint scheduled flat in his name
Reference:
Ext.B12
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Power of attorney
Reference:
Ext.B13
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 Anna et al vs The Golden Residency Owners Association et al regarding injunction
Case Code Year
Case between Anna et al vs The Golden Residency Owners Association et al regarding injunction