Case Summary
Jobin K. Antony and Jobymol Jacob are the plaintiffs seeking a permanent prohibitory injunction against Josy Kochouseph and Georgekutty Kochouseph, the defendants. The plaintiffs claim that the defendants are trying to construct a gate that would encroach upon their property rights.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs failed to provide adequate evidence to substantiate their claim for an injunction.
The plaintiffs failed to provide adequate evidence to substantiate their claim for an injunction.
Judgment Evidence:
In the result, the suit is dismissed. The plaintiffs are directed to suffer their costs to the suit.
Parties Involved
Plaintiffs
Jobin K. Antony (53 years years)
Kurisummoottil House, Pipeline Road, Thrikkakara P.O, 682 021.
Jobymol Jacob (52 years years)
Kurisummoottil House, Pipeline Road, Thrikkakara P.O, 682 021.
Defendants
Josy Kochouseph (around 47 years years)
Arakkal House, Arakkal Line -2, Pipeline Road, Thrikkakara P.O, Kochi – 682 021.
Georgekutty Kochouseph (around 55 years years)
Arakkal House, Arakkal Line -2, Pipeline Road, Thrikkakara P.O, Kochi – 682 021.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Request for a decree to restrain the defendants from installing a gate on the southern part marked as the road of the plaint schedule property.
Evidence:
I am of the opinion that the plaintiffs are not entitled to reliefs as sought for.
Documents & Evidence
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Marked as evidence to support the plaintiffs' claim regarding ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Marked as evidence to demonstrate the plaintiffs' purchase and ownership of the property.
Reference:
Ext.A2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Marked as evidence to clarify the boundaries of the property in question.
Reference:
Ext.X1