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O.S. No. .1531/2019

Case between Jobin Thomas vs Thrikkakara Municipality et al regarding permanent prohibitory injunction

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR
Order Date
2025-06-03
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Jobin Thomas, the plaintiff, is seeking a permanent prohibitory injunction against Thrikkakara Municipality and Abdul Razak P.K. The case revolves around unauthorized demolition of property boundaries and potential construction disputes.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from trespassing into the plaintiff's property and demolishing its compound wall.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from trespassing into the plaintiff's property and demolishing its compound wall.
Why Plaintiff Won:
The plaintiff established his legal right to the petitioned property and demonstrated a threat against its use.
Losing Side's Weaknesses:
The plaintiff established his legal right to the petitioned property and demonstrated a threat against its use.
Supporting Evidence
The plaintiff has proven his lawful possession over the plaint A schedule property and that such possession is interfered and threatened by the defendants.

Judgment Evidence:

In the result, the suit is decreed as follows; The defendants are restrained by a decree of permanent prohibitory injunction from trespassing into plaint A schedule property and also from demolishing its western compound wall and from putting up any constructions in plaint A schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Jobin Thomas
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
Thrikkakara Municipality
Relation
Represented by
Party Role
Defendant
Party Name
Abdul Razak P.K.
Party Age
55
Plaintiffs Documents
Original copy of sale deed No. 1258/2008 of SRO, Thrikkakkara, Tax receipt issued by Kakkanad Village Office, Photographs (5 Nos.)
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Basil Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sanjana Sara Varghese Annie
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.A. Jinsamol
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Prohibitory injunction restraining the defendants from trespassing and demolishing the plaintiffs' property.
Evidence:
The plaintiff has proven his lawful possession over the plaint A schedule property and that such possession is interfered and threatened by the defendants.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff entitled to realize costs from the defendants.
Evidence:
The plaintiff is entitled to realize costs from the defendants.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Proves the plaintiff's ownership over the plaint A schedule property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Establishes tax payment for the plaint A schedule property.
Reference:
Ext.A2
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
Visual evidence of the plaint A schedule property.
Reference:
Ext.A3(a) to A3(d)
Document Type: CD
Submitted By: Plaintiff
Relevance:
Contains original recordings of the plaint A and B schedule properties.
Reference:
Ext.A3(e)
Document Type: Commission Report
Submitted By: Court
Relevance:
Details findings from the inspection of the plaint A schedule property.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Illustrates the layout of the plaint A and B schedule properties.
Reference:
Ext.C1(a)
Document Type: Photographs
Submitted By: Court
Relevance:
Visual evidence supporting the commission report.
Reference:
Ext.C1(b) to C1(g)
Document Type: Oral Evidence
Submitted By: Plaintiff
Relevance:
Testimony of the plaintiff regarding the illegal acts of the defendants.
Reference:

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Jobin Thomas vs Thrikkakara Municipality et al regarding permanent prohibitory injunction
Case Code Year
Case between Jobin Thomas vs Thrikkakara Municipality et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Municipality

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