Case Summary
C. M Rosakkutty filed a suit against Jofri Mathew and others for a permanent prohibitory injunction. The plaintiff claims that the defendants have trespassed on her property and have caused waste.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from trespassing into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, restraining the defendants from trespassing into the plaint schedule property and from committing any waste.
Why Plaintiff Won:
The plaintiff proved her case with documents and oral testimony, and there was no contrary evidence from the defendants.
The plaintiff proved her case with documents and oral testimony, and there was no contrary evidence from the defendants.
Losing Side's Weaknesses:
The plaintiff proved her case with documents and oral testimony, and there was no contrary evidence from the defendants.
The plaintiff proved her case with documents and oral testimony, and there was no contrary evidence from the defendants.
Supporting Evidence
The plaint averments were proved by the oral testimony of PW1 and Exts.A1 and A2 documents and Exts.C1 and C1(a) commission report and plan.
Judgment Evidence:
In the result, the suit is decreed as follows: (1) The defendants and men under them are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and from committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C. M Rosakkutty
- Party Age
- 75
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jofri Mathew
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Roy Mathew
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Moly
- Party Age
- 54
- Relation
- W/o
Plaintiffs Documents
Certified copy of Settlement Deed No. 471/1/2012, Tax receipt issued by Puliyannoor Village
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mohan Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harikrishnan Nair K. G
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restrained the defendants and their men from trespassing into the plaint schedule property and committing any waste.
Evidence:
The defendants and men under them are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and from committing any waste therein.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to costs from the defendants.
Evidence:
The plaintiff is entitled to costs from the defendants.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's absolute title to the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Additional evidence supporting the plaintiff's case.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Supports the assessment of the plaint schedule property and the claims made by the plaintiff.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation of the plaint schedule property and its surroundings.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Unauthorized occupation
Case Code
Case between C. M Rosakkutty vs Jofri Mathew et al regarding permanent prohibitory injunction
Case Code Year
Case between C. M Rosakkutty vs Jofri Mathew et al regarding permanent prohibitory injunction