Case Summary
Binoy T. Leons filed a suit against Shibu Teddy and Jessy Mary Joseph seeking a permanent prohibitory injunction concerning a property. The case revolves around disputes over possession of the plaint schedule property located in Kadakampally Village, Thiruvananthapuram.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondents are restrained from obstructing the peaceful possession and enjoyment of the plaintiff/petitioner and his family members in the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court partially allowed the injunction application, restraining the defendants from obstructing the peaceful possession of the plaint schedule property by the plaintiff and his family members.
Why Plaintiff Won:
The court recognized the plaintiff's right to peaceful possession over the property and found that the defendants had attempted to interfere unlawfully.
The court recognized the plaintiff's right to peaceful possession over the property and found that the defendants had attempted to interfere unlawfully.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Having considered the rival contentions, it is evident that plaint schedule property and the building comprised therein belongs to petitioner.
Judgment Evidence:
In the result, I.A allowed in part as follows: 1) The respondents are restrained from obstructing the peaceful possession and enjoyment of the plaintiff/petitioner and his family members in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Binoy.T.Leons
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shibu Teddy
- Party Age
- 53
- Relation
- S/O
- Party Role
- Defendant
- Party Name
- Jessy Mary Joseph
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Settlement deed No. 1880/2023, Property Tax, Building Tax, Bonafide Certificate, copy of order in MC 81/2017.
Defendants Documents
Copy of order in IA. 2043/2023 in MC. 61/23, Relevant Pages of passport, Copy of order in MC. 35/2017, Relevant Extract of admission Register of 2nd Respondent’s Son, Copy of FIR.1381/2023, Copy of rent deed.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G.S.Sanal kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Biju Sundar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Renoj S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
The respondents are restrained from obstructing the peaceful possession and enjoyment of the plaintiff and his family members in the plaint schedule property.
Evidence:
Hence I am inclined to allow the injunction order to the extent that the respondents and their agents are restrained from obstructing the peaceful possession and enjoyment of petitioner and his family members in the plaint schedule property till the disposal of the suit.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The copy of Settlement deed shows the ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Property Tax
Submitted By:
Plaintiff
Relevance:
Property tax receipt dated 01/08/2023 supporting ownership.
Reference:
Ext.A2
Document Type:
Building Tax
Submitted By:
Plaintiff
Relevance:
Building tax receipt dated 19/09/2023 supporting ownership.
Reference:
Ext.A3
Document Type:
Bonafide Certificate
Submitted By:
Plaintiff
Relevance:
Bonafide certificate dated 01/11/2023 indicating the residency of the 2nd respondent's son.
Reference:
Ext.A4
Document Type:
Bonafide Certificate
Submitted By:
Plaintiff
Relevance:
Another bonafide certificate dated 02/11/2023 indicating residency.
Reference:
Ext.A5
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Copy of the order in M.C. 81/2017 from Family Court, Kollam.
Reference:
Ext.A6
Document Type:
Order
Submitted By:
Defendant
Relevance:
Copy of order in I.A. 2043/2023 in M.C. 61/23 allowing the 2nd respondent's residence.
Reference:
Ext.B1
Document Type:
Passport Pages
Submitted By:
Defendant
Relevance:
Relevant pages of the passport of the 2nd respondent showing residency.
Reference:
Ext.B2
Document Type:
Order
Submitted By:
Defendant
Relevance:
Copy of the order in M.C. 35/2017.
Reference:
Ext.B3
Document Type:
Admission Register Extract
Submitted By:
Defendant
Relevance:
Extract of the admission register indicating the address of the 2nd respondent's son.
Reference:
Ext.B4
Document Type:
FIR
Submitted By:
Defendant
Relevance:
Copy of FIR No. 1381/2023, indicating a violation of an earlier order.
Reference:
Ext.B5
Document Type:
Rent Deed
Submitted By:
Defendant
Relevance:
Copy of the rent deed created to show alternative residency.
Reference:
Ext.B6
Document Type:
CMP
Submitted By:
Defendant
Relevance:
Copy of CMP. 3208/2023 in M.C. 61/2023 filed by the 2nd defendant.
Reference:
Ext.B7
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Copy of petition in O.P. 893/2023 filed by the 2nd defendant.
Reference:
Ext.B8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court marked commission report related to the case.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Binoy.T.Leons vs Shibu Teddy et al regarding permanent prohibitory injunction
Case Code Year
Case between Binoy.T.Leons vs Shibu Teddy et al regarding permanent prohibitory injunction