Case Summary
The plaintiffs, Bobby Mathew and Alpha George, are husband and wife who filed a suit for a permanent prohibitory injunction against the defendants, Jaya K M and Shihab A A. The plaintiffs claimed that they were tenants in possession of the property and sought protection from eviction attempts by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from forcibly evicting plaintiffs and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction against the defendants, restraining them from forcibly evicting the plaintiffs from the property. The court also directed the defendants to pay the costs of the suit to the plaintiffs.
Why Plaintiff Won:
The plaintiffs established their case through unchallenged oral and documentary evidence.
The plaintiffs established their case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiffs established their case through unchallenged oral and documentary evidence.
The plaintiffs established their case through unchallenged oral and documentary evidence.
Supporting Evidence
I am satisfied that plaintiffs have established their case. The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of plaintiffs.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiffs from plaint schedule property. 2) Defendants are directed to pay costs of the suit to plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bobby Mathew
- Party Age
- 43
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Alpha George
- Party Age
- 39
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jaya K M
- Party Age
- 51
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Shihab A A
Plaintiffs Documents
Copy of mortgage deed dated 11.02.2020, Copy of complaint dated 21.11.2022, Copy of Bank statement of SBI from 01.01.2020 to 27.12.2020, Acknowledgment receipt dated 21.11.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Gikku Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M V Rathish
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiffs from plaint schedule property.
Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiffs from plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to plaintiffs.
Evidence:
2) Defendants are directed to pay costs of the suit to plaintiffs.
Documents & Evidence
Document Type:
Mortgage Deed
Submitted By:
Plaintiff
Relevance:
This document shows that the plaint schedule property is mortgaged to the plaintiffs for 11 months and that the 1st plaintiff paid Rs.6,00,000/- to the 1st defendant.
Reference:
Ext.A1
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document is a copy of the complaint filed before the Commissioner of Police, Ernakulam by the 2nd plaintiff.
Reference:
Ext.A2
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
This document shows the statement of account issued from SBI.
Reference:
Ext.A3
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
This is an acknowledgment receipt related to the plaintiffs' dealings.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document shows the lie and nature of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This document is a rough sketch related to the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Bobby Mathew et al vs Jaya K M et al regarding Suit for permanent prohibitory injunction.
Case Code Year
Case between Bobby Mathew et al vs Jaya K M et al regarding Suit for permanent prohibitory injunction.