Case Summary
Beny Joy, an NRI, is suing the Head Load and General Workers Union for obstructing construction works on his property. He claims that the defendants threatened his workers and demanded excessive wages, leading to a standstill in construction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from obstructing construction works.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are permanently restrained from trespassing into the plaintiff's property and obstructing construction works. There was no order as to costs.
Why Plaintiff Won:
The evidence of the plaintiff was unchallenged as the defendants did not appear.
The evidence of the plaintiff was unchallenged as the defendants did not appear.
Losing Side's Weaknesses:
The evidence of the plaintiff was unchallenged as the defendants did not appear.
The evidence of the plaintiff was unchallenged as the defendants did not appear.
Supporting Evidence
The evidence adduced by PW1 remains unchallenged as he was not cross examined. The plaintiff has proved his case that defendants are to be restrained from forcefully entering into the plaint schedule property, restrained the plaintiff’s workers and demanding '(നോക്കുകൂലി)'.
Judgment Evidence:
In the result:- The suit is decreed as follows. 1. The defendants and their men are restrained from trespassing into the plaint schedule property, from causing any obstruction to the construction works and other works being carried out in the plaint schedule property, from causing any obstruction to the passage of men and materials from and to the schedule property or from interfering in any manner with the peaceful possession and enjoyment of the schedule property by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Beny Joy
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Head Load and General Workers Union (CITU)
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- The Head Load and General Workers Union (INTUC)
- Relation
- represented by
Plaintiffs Documents
Copy of registration certificate of Nael Enclave Welfare Society (NEWS) dated 25.08.2021, Copy of memorandum of association dated 20.07.2021, Land Tax receipts, copies of building permits issued by Poothrikka Grama Panchayath.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jose Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Roshen Roy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are restrained from trespassing into the plaint schedule property and from causing obstruction to the construction works.
Evidence:
The suit is decreed as follows. The defendants and their men are restrained from trespassing into the plaint schedule property, from causing any obstruction to the construction works and other works being carried out in the plaint schedule property.
Documents & Evidence
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
This document proves the establishment of the Nael Enclave Welfare Society (NEWS) on 25.08.2021.
Reference:
Ext.A1
Document Type:
Memorandum of Association
Submitted By:
Plaintiff
Relevance:
This document outlines the objectives and structure of the Nael Enclave Welfare Society.
Reference:
Ext.A2
Document Type:
Land Tax receipts
Submitted By:
Plaintiff
Relevance:
These receipts substantiate the plaintiff's ownership and tax obligations for the land in question.
Reference:
Ext.A3 series
Document Type:
Building Permits
Submitted By:
Plaintiff
Relevance:
These permits authorize the construction work being carried out by the plaintiff and his society.
Reference:
Ext.A4 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Beny Joy vs The Head Load and General Workers Union (CITU) et al regarding permanent prohibitory injunction and ancillary reliefs
Case Code Year
Case between Beny Joy vs The Head Load and General Workers Union (CITU) et al regarding permanent prohibitory injunction and ancillary reliefs