Case Summary
The plaintiffs, Antony Pius and K.A. Gabriel @ Stephen, are seeking a permanent prohibitory injunction against the Kochi Municipal Corporation and others to prevent encroachment on their property. The case involves allegations of unlawful attempts by the defendants to pressure the plaintiffs to surrender part of their land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Judgment Evidence:
In the result, Defendants, their men, agents and any one acting under them are restrained from entering into the plaint schedule properties, from reducing the width of the plaint schedule property and committing any waste therein.
Parties Involved
Plaintiffs
Antony Pius (34 years years)
Kallu veettil, Paul Abro road, Ernakulam North P.O, Pin – 682 018, Ernakulam village, Ernakulam
K.A.Gabriel @ Stephen (Age not specified years)
Kalluveettil house, Paul Abro road, Ernakulam, Kochi – 18
Defendants
Kochi Muncipal Corporation (Age not specified years)
Corporation Office, P.B.No. 1016, Kochi – 682 011
The Secretary (Age not specified years)
Kochi Muncipal Corporation, Corporation Office, P.B.No. 1016, Kochi – 682 011
C.I.Mathew (96 years years)
XLIII/348/B Paul Abrao road, Ernakulam North P.O, Kochi – 18
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought to restrain the defendants from encroaching upon the plaint schedule property.
Evidence:
Defendants, their men, agents and any one acting under them are restrained from entering into the plaint schedule properties, from reducing the width of the plaint schedule property and committing any waste therein.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled for costs of this suit.
Evidence:
Plaintiff shall also be entitled for costs of this suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed no. 42/1969 executed by Smt. Terisa, the plaintiff’s great-grandmother.
Reference:
Ext.A1
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Certified copy of the Document no. 567/10.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the document no. 3900/14 related to the property devolved upon the plaintiff.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Original Letter no. BR/EKMNRT/33/2023-24 issued by the South Indian Bank Ltd., Ernakulam North Branch.
Reference:
Ext.A4
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of the Judgment in WP(c)No. 22248/2011 of the High Court of Kerala.
Reference:
Ext.A5
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
The encumbrance certificate issued by the SRO, Ernakulam for the period from 01.01.10 to 04.12.23.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original of the Sale deed no. 495/65 of SRO, Ernakulam.
Reference:
Ext.A7
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The property tax receipt of the Ernakulam Village.
Reference:
Ext.A8