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O.S No. 1183/2023

Case between Jiji vs Jobi Jose et al regarding declaration and permanent prohibitory injunction

Court
COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-01-30
Duration
approximately-1 year 13 days
Case Closed
Thu, 01/30/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Jiji is suing Jobi Jose and Thomas regarding the declaration of ownership of a property and to prevent them from trespassing. Jiji claims that she is the sole heir of her deceased father Thomman, as her mother has been missing for many years.

Judgment Outcome

Plaintiff Won
Interim Order
The court declared that Jiji is the absolute owner of the plaint schedule property and restrained the defendants from trespassing or committing waste on the property.
Judgment Favored
Plaintiff
Relief Granted
A decree of perpetual injunction against the defendants preventing them from trespassing on the property.
Case Type
Civil Suit
Final Judgment
No
The court declared that Jiji is the absolute owner of the plaint schedule property and restrained the defendants from trespassing or committing waste on the property.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence supporting her claim of ownership and the circumstances surrounding her mother's disappearance.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.

Judgment Evidence:

In the result, 1. It is hereby declared that the plaintiff is the absolute owner in possession of plaint schedule property. 2. Defendants and men under them are restrained from trespassing in to the plaint schedule property or from committing any sort of waste or mischief therein or from doing any act detrimental to the plaintiff's peaceful enjoyment of the same by a decree of perpetual injunction.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Jiji
Party Age
52
Relation
W/o
Party Role
Defendant
Party Name
Jobi Jose
Party Age
37
Relation
S/o
Party Role
Defendant
Party Name
Thomas
Party Age
55
Relation
S/o
Plaintiffs Documents
Original settlement deed no. 1099/66 of SRO, Mulanthuruthy, Death certificate of Uthuppu issued by Amballur Grama Panchayath, Relationship certificate issued by Amaballur village office
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Muhammed Abbas M I
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Salim V.S
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Declared that the plaintiff is the absolute owner in possession of the plaint schedule property.
Evidence:
It is hereby declared that the plaintiff is the absolute owner in possession of plaint schedule property.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restrained the defendants from trespassing onto the plaint schedule property.
Evidence:
Defendants and men under them are restrained from trespassing in to the plaint schedule property.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
This document serves as proof of ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
This document indicates the death of Thomman Uthuppu, establishing the plaintiff's inheritance.
Reference:
Ext.A2
Document Type: Relationship Certificate
Submitted By: Plaintiff
Relevance:
This document verifies the plaintiff's relationship to her deceased father and mother as legal heir.
Reference:
Ext.A3
Document Type: Certificate
Submitted By: Court
Relevance:
This certificate issued by the Village Officer supports the presumption of civil death of the plaintiff's mother.
Reference:
Ext.X1

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Ownership Dispute
Case Code
Case between Jiji vs Jobi Jose et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Jiji vs Jobi Jose et al regarding declaration and permanent prohibitory injunction

Quick Facts

Location
Ernakulam District
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 01/18/2023 - 12:00
Case Closed
Thu, 01/30/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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