Case Summary
The plaintiffs, who are brothers and their father, allege that the defendants, who are their relatives, have unlawfully interfered with their possession of a property. The plaintiffs seek a permanent prohibitory injunction against the defendants to prevent further interference.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction in favor of the plaintiffs, restraining the defendants from interfering with the plaintiffs' possession of the property.
Why Plaintiff Won:
The plaintiffs proved their lawful possession and the defendants' unlawful interference.
The plaintiffs proved their lawful possession and the defendants' unlawful interference.
Losing Side's Weaknesses:
The plaintiffs proved their lawful possession and the defendants' unlawful interference.
The plaintiffs proved their lawful possession and the defendants' unlawful interference.
Supporting Evidence
The plaintiffs have succeeded in establishing their lawful possession over the plaint schedule properties and the interference caused by the defendants.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants, their men, agents, and anybody claiming under them are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule properties, destroying or altering the existing boundaries, causing any obstruction or damage, or committing any act in any manner interfering with the plaintiffs’ peaceful possession and enjoyment of the plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dibu Paul
- Party Age
- 43
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dinu Paul
- Party Age
- 34
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Moly Paul
- Party Age
- 65
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Poulose
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Johny
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lissy
- Party Age
- 63
- Relation
- W/o
Plaintiffs Documents
Sale Deed No.467/1997, Sale Deed No.622/1981, Partition Deed No.2905/1982, various police complaints.
Defendants Documents
Certified copy of the Judgment in OS.354/19, certified copy of the Decree and Mediation report, complaints filed by the defendants.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M K Jayapalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C P Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from interfering with plaintiffs' possession and enjoyment of the plaint schedule properties.
Evidence:
The plaintiffs have, therefore, proved the cause of action pleaded, and their possession stands established.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiffs' title and lawful possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Supports claims of ownership related to the property.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Further substantiates the plaintiffs' claims of title to the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Relates to the plaint schedule property.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Documents the plaintiffs' allegations of interference by the defendants.
Reference:
Ext.A5
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of complaint relating to police inquiry.
Reference:
Ext.A6
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Documents further allegations against the defendants.
Reference:
Ext.A7
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the complaint regarding defendant's actions.
Reference:
Ext.A8
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Records additional allegations by a plaintiff regarding the defendants.
Reference:
Ext.A9
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment from the police regarding the complaint.
Reference:
Ext.A10
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Further supports the plaintiffs' claims of interference.
Reference:
Ext.A11
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of another complaint filed.
Reference:
Ext.A12
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Documents ongoing issues and complaints with the defendants.
Reference:
Ext.A13
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment related to further complaints.
Reference:
Ext.A14
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Documents ongoing issues and complaints with the defendants.
Reference:
Ext.A15
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executes authority for the second plaintiff by the first.
Reference:
Ext.A16
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Visual evidence supporting the plaintiffs' claims.
Reference:
Ext.A17
Document Type:
Certified Copy of Judgment
Submitted By:
Defendant
Relevance:
Contributes to the argument regarding prior mediation outcomes.
Reference:
Ext.B1
Document Type:
Certified copy of decree
Submitted By:
Defendant
Relevance:
Related to mediation relevant to prior disputes.
Reference:
Ext.B2
Document Type:
Certified copy of Order
Submitted By:
Defendant
Relevance:
Relates to a prior litigation matter.
Reference:
Ext.B3
Document Type:
Mediation Report
Submitted By:
Defendant
Relevance:
Indicates prior discussions aimed at resolving disputes.
Reference:
Ext.B4
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Documents harassment claims against plaintiffs.
Reference:
Ext.B5
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Acknowledgment of complaint filed by the first defendant.
Reference:
Ext.B6
Document Type:
Proceedings Copy
Submitted By:
Defendant
Relevance:
Contains material relevant to the defendant's claims.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Independent assessment of the property boundaries.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visually depicts the property boundaries as assessed by the Commissioner.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Dibu Paul et al vs Johny et al regarding permanent prohibitory injunction
Case Code Year
Case between Dibu Paul et al vs Johny et al regarding permanent prohibitory injunction