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
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.
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
Plaintiffs
Beny Joy (40 years years)
Appakottayil House, Mammalassery P.O, Pin:686663, Ramamangalam Village, Muvattupuzha Taluk
Defendants
The Head Load and General Workers Union (CITU) (Age not specified years)
CITU Office, Kolenchery P.O, Pin : 682311
The Head Load and General Workers Union (INTUC) (Age not specified years)
INTUC Office, Kolenchery P.O, Pin : 682311
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