Case Summary
Annie Telma D'Silva is seeking a temporary injunction against TJ Job and Margret Steffy to prevent them from obstructing her possession of a parcel of land. The case involves claims of ownership and use of the property, with allegations of unauthorized construction and encroachment by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction against the defendants
Case Type
Civil Suit
Final Judgment
No
The court granted the petitioner's request for a temporary injunction against the defendants, preventing them from interfering with her possession of the property until the suit is resolved.
Why Plaintiff Won:
The petitioner established a prima facie case regarding her possession of the property.
The petitioner established a prima facie case regarding her possession of the property.
Losing Side's Weaknesses:
The petitioner established a prima facie case regarding her possession of the property.
The petitioner established a prima facie case regarding her possession of the property.
Supporting Evidence
The court found that the petitioner has established a prima facie case in her favour, and the balance of convenience is in her favour.
Judgment Evidence:
In the result, petition is allowed. Respondents are restrained by an order of temporary injunction from interfering with or obstructing the peaceful possession and enjoyment of the plaint A schedule or cause any obstruction to use of plaint A schedule property by petitioner and her men and from parking their vehicles and from committing any waste therein till the disposal of suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Annie Telma D'Silva
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- TJ Job
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Margret Steffy
- Party Age
- 34
- Relation
- W/o
Plaintiffs Documents
Sale Deed No. 181/1955, Patta No. 1816/1976, Complaint submitted to the Corporation of Kochi
Defendants Documents
Writ petition no: 18209/2025, Photographs, Doc No: 2619/1979
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ramkumar J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joseph John P J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amrin Fathima
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Denizen Komath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dean Denizen Komath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A Ajeesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shimimol S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Varsha Roshan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Akshay S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anju KA
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Respondents are restrained from interfering with or obstructing the peaceful possession and enjoyment of the plaint A schedule property.
Evidence:
In the result, petition is allowed. Respondents are restrained by an order of temporary injunction from interfering with or obstructing the peaceful possession and enjoyment of the plaint A schedule.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership of the property by the plaintiff's father.
Reference:
Ext.A1
Document Type:
Patta
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim of ownership by referencing the purchase certificate of the property.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document indicates prior complaints made to the Corporation regarding the condition of the property.
Reference:
Ext.A3
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
These photographs serve as evidence regarding the condition and use of the plaint A schedule property.
Reference:
Ext.A4
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
These photographs provide visual evidence related to the property in question.
Reference:
Ext.A5
Document Type:
Writ Petition
Submitted By:
Defendant
Relevance:
This document is referenced in relation to the defendants' claims regarding the property.
Reference:
Ext.B1
Document Type:
Wedding Invitation Card
Submitted By:
Defendant
Relevance:
This document is referenced but lacks specific relevance provided in the judgment.
Reference:
Ext.B2
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
These photographs are produced to support the defendants' claims.
Reference:
Ext.B3
Document Type:
Document
Submitted By:
Defendant
Relevance:
This document supports the defendants' claim of continuous enjoyment of the property.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides findings related to the physical status of the plaint A schedule property.
Reference:
Ext.C1
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 Annie Telma D'Silva vs TJ Job et al regarding permanent prohibitory injunction
Case Code Year
Case between Annie Telma D'Silva vs TJ Job et al regarding permanent prohibitory injunction