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
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.
The plaintiff failed to establish exclusive ownership rights over the disputed property as required by legal standards.
Why Defendant Won:
Not available
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.