Case Summary
The plaintiff, Baby Scaria, is the absolute owner of a property and is seeking an injunction against the defendants who are his relatives. The defendants are allegedly interfering with the plaintiff's right to access his property by trying to remove a chain that blocks a private way.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, issuing a permanent injunction against the defendants.
Why Plaintiff Won:
The evidence established the plaintiff's ownership and use of the property without rebuttal from the defendants.
The evidence established the plaintiff's ownership and use of the property without rebuttal from the defendants.
Losing Side's Weaknesses:
The evidence established the plaintiff's ownership and use of the property without rebuttal from the defendants.
The evidence established the plaintiff's ownership and use of the property without rebuttal from the defendants.
Supporting Evidence
The evidence adduced on the side of the plaintiff established the case, and there is no evidence to rebut it.
Judgment Evidence:
In the result, the suit is decreed as follows; The defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing into plaint schedule item no.2 way, from removing or dismantling the iron chain on item no.2 way, from using plaint schedule item no.2 way and from committing any acts of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baby Scaria
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Daisy George
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Remya George
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Reshma George
- Party Age
- 24
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sunny
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Certified true copy of Settlement deed No. 2373/2011, Land tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jolly James
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To restrain the defendants and their men from trespassing into plaint schedule item no.2 way.
Evidence:
The defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing into plaint schedule item no.2 way.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified true copy of Settlement deed No. 2373/2011 establishing the plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt supporting the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report relating to the property in dispute.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch associated with the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Baby Scaria vs Daisy George et al regarding injunction
Case Code Year
Case between Baby Scaria vs Daisy George et al regarding injunction