Case Summary
The case involves a dispute between the plaintiffs, Bastin Cherian and Alda Bastin, and the defendant, Dalbi Emmanuel. The plaintiffs seek a permanent prohibition against the defendant concerning certain property rights and alleged trespass.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition filed by the defendant for rejection of the plaint was dismissed, as the court found that the plaintiffs had sufficient cause of action.
Why Plaintiff Won:
The court determined that the plaintiffs sufficiently demonstrated a cause of action.
The court determined that the plaintiffs sufficiently demonstrated a cause of action.
Losing Side's Weaknesses:
The court determined that the plaintiffs sufficiently demonstrated a cause of action.
The court determined that the plaintiffs sufficiently demonstrated a cause of action.
Supporting Evidence
Considering plaint averments, I am unable to accept the contention of the learned counsel for the defendant that suit does not disclose any cause of action.
Judgment Evidence:
In the result, Petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bastin Cherian
- Party Age
- 32
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Alda Bastin
- Party Age
- 29
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Dalbi Emmanuel
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Shiju Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manu.T.M.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sachu Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.C. Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Cherian Sebastian
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Petition filed by defendant for rejection of plaint which claimed permanent prohibitory injunction.
Evidence:
Accordingly I find no merit in the above petition.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Petition filed by defendant which included a request for mandatory injunction directing defendant to remove additional constructions.
Evidence:
Accordingly I find no merit in the above petition.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2023