Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S No. 354/2014

Case between Baby Alias Mary Joseph et al vs M/s Holiday Ventures Pvt Ltd. et al regarding permanent prohibitory injunction.

Court
THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2026-01-17
Duration
approximately-11 years 1 day
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiffs, led by Baby Alias Mary Joseph, have filed a suit against multiple defendants including M/s Holiday Ventures Pvt Ltd., seeking a permanent prohibitory injunction regarding certain property rights and construction issues. The case centers around disputes concerning access and ownership of specific roads and properties in Elamkulam.

Judgment Outcome

Defendant Won
Interim Order
The suits O.S. 354/2014 and O.S. 240/2015 were dismissed due to lack of merit in the plaintiffs' claims regarding ownership and use of the disputed property.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suits O.S. 354/2014 and O.S. 240/2015 were dismissed due to lack of merit in the plaintiffs' claims regarding ownership and use of the disputed property.
Key Reasoning:
The plaintiff failed to establish exclusive ownership rights over the disputed property as required by legal standards.
Why Defendant Won:
Not available
Supporting Evidence
The plaintiff has failed to show that the first defendant has undertaken construction in plaint B schedule property in violation of the Kerala Muncipality Building Rules.

Judgment Evidence:

In the result O.S.240/2015 and O.S. 354/2014 are dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Baby Alias Mary Joseph
Party Age
64
Relation
W/o
Party Role
Plaintiff
Party Name
Jojo Jose
Party Age
39
Relation
S/o
Party Role
Defendant
Party Name
M/s Holiday Ventures Pvt Ltd.
Party Age
56
Relation
represented by
Party Role
Defendant
Party Name
Project Manager, M/s Holiday Ventures Pvt Ltd.
Party Role
Defendant
Party Name
The Corporation of Cochin
Relation
represented by
Party Role
Defendant
Party Name
Holiday Apartment owner’s Association
Party Age
39
Relation
represented by
Plaintiffs Documents
Certified copy of the Settlement deed no. 1861/14, Certified copy of the Sale deed no. 1963/70, Certified copy of the Sale deed no. 2278/83, Certified copy of the Sale deed no. 2279/83, Certified copy of the Sale deed no. 1981/93.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Rajesh Cherian Karippaparambil
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Cherian Sebastian
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
M.K.Chandramohan Das
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shakthi Prakash
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Pratheek Viswanathan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Shobhan George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Dinesh Mathew J Muriken
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Mohammed Thayib
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sangeetha
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Nayana Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Raja Raja Varma
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Seek a permanent injunction against the defendants to prevent obstruction.
Evidence:
The plaintiff cannot be said to be entitled to demand that the width of such gate should be limited to any certain extent.
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
Seek a mandatory injunction to direct defendants to reduce gate width.
Evidence:
No obstruction is caused to the plaintiff by way of opening of the gate into plaint C schedule property.
Relief Type: Demolition
Outcome: Refused
Description:
Prayer to demolish alleged illegal constructions.
Evidence:
Plaintiff has failed to show that the first defendant has undertaken construction in plaint B schedule property in violation.
Relief Type: Fixation of Boundary
Outcome: Not Decided
Description:
Prayer for fixation of boundary on the eastern side of plaint C schedule.
Evidence:
The plaintiff has not filed any objection to the commission report.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Establishes ownership of the plaint schedule property by the plaintiff.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Evidence of property ownership by the plaintiff's father.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Evidence of property ownership by the plaintiff's mother.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Evidence of property ownership by the plaintiff's mother.
Reference:
Ext.A4
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Establishes mutual rights of way and use regarding the pathway.
Reference:
Ext.A5
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Evidence of property owned by the first defendant.
Reference:
Ext.A6
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Evidence related to property ownership.
Reference:
Ext.A7
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Establishes the death of the plaintiff's husband.
Reference:
Ext.A8
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Evidence of tax payment related to the plaint schedule property.
Reference:
Ext.A9
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Evidence of transaction regarding property rights.
Reference:
Ext.A10
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
Visual evidence of the plaint C schedule property.
Reference:
Ext.A11
Document Type: Building Permit
Submitted By: Plaintiff
Relevance:
Evidence of legal construction permissions.
Reference:
Ext.A12
Document Type: Approval Plan
Submitted By: Plaintiff
Relevance:
Approved building plan relevant to the dispute.
Reference:
Ext.A13
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Further evidence of property ownership.
Reference:
Ext.A14
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
Document submitted to the Kerala Water Authority regarding the dispute.
Reference:
Ext.A15
Document Type: Rough Sketch
Submitted By: Plaintiff
Relevance:
Sketch illustrating the relevant properties.
Reference:
Ext.A16
Document Type: Authorization
Submitted By: Plaintiff
Relevance:
Authorization related to the construction site.
Reference:
Ext.A17
Document Type: Building Permit
Submitted By: Plaintiff
Relevance:
Second building permit related document.
Reference:
Ext.A18
Document Type: Approval Plan
Submitted By: Plaintiff
Relevance:
Second approval plan related document.
Reference:
Ext.A19
Document Type: Commission Report
Submitted By: Court
Relevance:
Official report by the advocate commissioner regarding the property.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch accompanying the commission report.
Reference:
Ext.C1(a)
Document Type: Commission Report
Submitted By: Court
Relevance:
Subsequent official report by the advocate commissioner.
Reference:
Ext.C2
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch accompanying the second commission report.
Reference:
Ext.C2(a)
Document Type: Commission Report
Submitted By: Court
Relevance:
Additional official report by the advocate commissioner.
Reference:
Ext.C3
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report regarding the second suit.
Reference:
Ext.C4
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch accompanying the commission report for the second suit.
Reference:
Ext.C4(a)
Document Type: Complete Site Plan
Submitted By: Unknown
Relevance:
Comprehensive site plan relevant to the construction.
Reference:
X1

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Right of way obstruction
Case Code
Case between Baby Alias Mary Joseph et al vs M/s Holiday Ventures Pvt Ltd. et al regarding permanent prohibitory injunction.
Case Code Year
Case between Baby Alias Mary Joseph et al vs M/s Holiday Ventures Pvt Ltd. et al regarding permanent prohibitory injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 01/01/2014 - 12:00
Case Closed
From
Thu, 01/01/2026 - 12:00
To
Wed, 01/21/2026 - 12:00
Outcome Confidence
80%

Involved Entities

Private Individual

Similar Cases

Case between C.V Thankappan vs C.V Shibu regarding injunction
II Additional Munsiff, Ernakulam
Civil Suit Plaintiff Won
Case between Mini Jolly vs Noel et al regarding permanent prohibitory injunction and mandatory injunction.
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between Vijayan vs Omana N Mani et al regarding Declaration and Injunction
COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Santhosh P @ Santhoshkumar vs Suresh P.S, Mallika Shanmughan regarding fixation of boundary and permanent prohibitory injunction
COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Kochuthressia Thomas vs Gopalan, Kalidasan regarding recovery of possession and injunction.
Munsiff Court, Ernakulam
Civil Suit Defendant Won