Case Summary
Dr. Saju Joseph is the plaintiff who has ownership and possession over the property in question. The defendants are accused of constructing an illegal shed obstructing access to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and costs of the suit
Case Type
Injunction
Final Judgment
No
The court granted a permanent prohibitory injunction against the defendants from constructing in a manner that affects access to the plaintiff's property and also awarded costs of the suit to the plaintiff.
Why Plaintiff Won:
The evidence presented by the plaintiff was found credible and proved the case.
The evidence presented by the plaintiff was found credible and proved the case.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was found credible and proved the case.
The evidence presented by the plaintiff was found credible and proved the case.
Supporting Evidence
On a consideration of the evidence of PW1, I am of the opinion that there is no reason to disbelieve the same. I am of the opinion that the case of the plaintiff stands proved by the evidence on record.
Judgment Evidence:
The defendants are restrained by way of permanent prohibitory injunction from putting up any construction in the road frontage portion of the plaint schedule property in manner that interferes with the ingress and egress into the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Saju Joseph
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ramlu Alias Ramla
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nadirsha
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Copy of Sale Deed bearing No. 2644/2005, Tax receipt issued by Vazhakkala Village, Copy of Site approval and building permit issued by Thrikkakara Municipality, Notarized copy of Power of Attorney
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Arun Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aneesh Raj R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from putting up any construction in the road frontage portion of the plaint schedule property.
Evidence:
The defendants are restrained by way of permanent prohibitory injunction from putting up any construction in the road frontage portion of the plaint schedule property in manner that interferes with the ingress and egress into the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
In the facts and circumstances of the case, the plaintiff is entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed bearing No. 2644/2005 submitted as evidence.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued by Vazhakkala Village submitted as evidence.
Reference:
Ext.A2
Document Type:
Site Approval and Building Permit
Submitted By:
Plaintiff
Relevance:
Copy of Site approval and building permit issued by Thrikkakara Municipality submitted as evidence.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Notarized copy of Power of Attorney submitted as evidence.
Reference:
Ext.A4
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Dr. Saju Joseph vs Ramlu Alias Ramla et al regarding injunction
Case Code Year
Case between Dr. Saju Joseph vs Ramlu Alias Ramla et al regarding injunction