Case Summary
The plaintiffs, who are brothers, claim ownership of property inherited from their mother and seek an injunction against the defendants who they allege are unlawfully occupying part of this property. The defendants deny these claims and assert they have legitimate ownership of their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree of mandatory injunction directing the defendants to surrender plaint B schedule property to the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs established their ownership and entitlement through the original sale deed and evidence presented.
The plaintiffs established their ownership and entitlement through the original sale deed and evidence presented.
Judgment Evidence:
In the result, suit is decreed as follows; a decree of mandatory injunction is passed directing the defendants to surrender plaint B schedule property to the plaintiffs as per Sale Deed No. 2831 of 1984 of Edappally S.R.O.
Parties Involved
Plaintiffs
George (56 years)
Parakkal House, Palliyakkal Kara, Ezhikkara Village, Paravur Taluk, Ernakulam
Sedhi Lazar (55 years)
Parakkal House, Kalamassery, Thrikkakkara North Village, Kanayannur Taluk, Ernakulam
Paul Abraham (53 years)
Parakkal House, Kalamassery, Thrikkakkara North Village, Kanayannur Taluk, Ernakulam
John P. Joseph (44 years)
Parakkal House, Kalamassery, Thrikkakkara North Village, Kanayannur Taluk, Ernakulam
Defendants
Rasheed (49 years)
Puthuvana House, Thrikkakkara Village, Kanayannur Taluk, Now residing at Alpha Nagar, University Road, South Kalamassery
Ashraf (57 years)
Puthuvana House, Thrikkakkara Village, Kanayannur Taluk, Now residing at Changapuzha Nagar, South Kalamassery
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to surrender plaint B schedule property to the plaintiffs as per Sale Deed No. 2831 of 1984.
Evidence:
A decree of mandatory injunction is passed directing the defendants to surrender plaint B schedule property to the plaintiffs as per Sale Deed No. 2831 of 1984 of Edappally S.R.O.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from trespassing into and causing any obstructions over the plaint A and B schedule properties.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants from trespassing into and from causing any obstructions over the plaint A and B schedule properties.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Restraining the defendants from causing any obstructions in the construction of a compound wall at the northern side of plaint A schedule property by the plaintiffs.
Evidence:
A decree of mandatory injunction is passed restraining the defendants from causing any obstructions in the construction of compound wall at the northern side of plaint A schedule property by the plaintiffs.
Relief Type:
Other
Outcome:
Granted
Description:
Entitled to realize costs of the suit from the defendants and from their assets.
Evidence:
The plaintiffs are entitled to realize costs of the suit from the defendants and from their assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original of Sale Deed No. 2831/1984 of Edappally S.R.O.
Reference:
Ext.A2
Document Type:
Survey Commission Report
Submitted By:
Court
Relevance:
Survey commission report in IA.11525/15 dated 29.01.2024.
Reference:
Ext.C1
Document Type:
Survey Sketch
Submitted By:
Court
Relevance:
Survey sketch appended along with Ext.C1.
Reference:
Ext.C1(a)