Case Summary
Fr. Saji.C.John filed a suit against his neighbors for a permanent prohibitory injunction regarding property rights. The plaintiff claims that the defendants are unlawfully trying to widen a pathway by trespassing into his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing into Plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, declaring that the defendants are permanently prohibited from trespassing into the plaintiff's property.
Why Plaintiff Won:
The plaintiff successfully established his case with sufficient evidence.
The plaintiff successfully established his case with sufficient evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Upon the perusal of the averments in the plaint, affidavit and other documents marked from the side of the plaintiff, I am satisfied that the plaintiff has succeeded in establishing his case.
Judgment Evidence:
In the result, the suit is decreed without cost as follows: a) The defendants and men under them are hereby permanently prohibited from trespassing into Plaint A schedule property and thereby committing any waste or from unlawfully occupying the property for widening Plaint B Schedule Property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Fr. Saji.C.John
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Elias Mathai
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Johnson
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- George
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Raju.M.Paul
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Eby
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunny
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Notarized Power of Attorney dated 11.11.2022, Copy of Will Deed No. 214/2022 of SRO Puthencruz, Paper Publication dated 13.09.2023, Certified copy of Judgment and Decree in OS No. 54/2006 of Munsiff Court Kolenchery.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.Y.Saju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Haritha Hariharan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Varghese K Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Atheesha.M.V
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sneha Divakaran.P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Kashmeera Asharaf
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sunithadevi.M.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are permanently prohibited from trespassing into the plaintiff's property.
Evidence:
The defendants and men under them are hereby permanently prohibited from trespassing into Plaint A schedule property and thereby committing any waste or from unlawfully occupying the property for widening Plaint B Schedule Property.
Documents & Evidence
Document Type:
Notarized Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's authority to file the suit.
Reference:
Ext.A1
Document Type:
Copy of Will Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type:
Paper publication
Submitted By:
Plaintiff
Relevance:
This document evidences the publication relating to the case.
Reference:
Ext.A3
Document Type:
Certified Copy of Judgment and Decree
Submitted By:
Plaintiff
Relevance:
This document provides background on a previous case relevant to the current dispute.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document contains findings relevant to the case submitted by the Advocate Commissioner.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch aids in understanding the dimensions and boundaries of the properties involved.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Fr. Saji.C.John vs Johnson et al regarding permanent prohibitory injunction
Case Code Year
Case between Fr. Saji.C.John vs Johnson et al regarding permanent prohibitory injunction