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OS.No.1401/2019

Case between John Gregorious et al vs The Assistant Engineer, Irrigation Department et al regarding perpetual injunction

Court
COURT OF PRINCIPAL MUNSIFF
Judge
Sri. Mithun Gopi.G.S
Order Date
2025-03-29
Duration
approximately-5 years 8 months
Case Code No.
1401
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

John Gregorious and Thankam are the plaintiffs, claiming ownership and protection against encroachment by the defendants, The Assistant Engineer and Vijaya Das. The court case revolves around an attempted encroachment on the plaintiffs' property by the defendants.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiffs, giving them a permanent injunction against the defendants to prevent further encroachment on their property.
Judgment Favored
Plaintiff
Relief Granted
Defendants are perpetually restrained from trespassing into the plaint schedule property and from interfering with the plaintiffs' peaceful possession and enjoyment of the same.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, giving them a permanent injunction against the defendants to prevent further encroachment on their property.
Why Plaintiff Won:
The plaintiffs established a prima facie case through consistent testimony and supporting evidence.
Losing Side's Weaknesses:
The plaintiffs established a prima facie case through consistent testimony and supporting evidence.
Supporting Evidence
The plaintiffs have satisfied all the necessary ingredients to obtain a permanent injunction, demonstrating a bona fide apprehension of irreparable injury and hardship.

Judgment Evidence:

In the result; The suit is decreed as follows: (a) Let the defendants be perpetually restrained from trespassing into the plaint schedule property and from interfering with the plaintiffs peaceful possession and enjoyment of the same.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
John Gregorious
Party Age
70
Relation
S/o
Party Role
Plaintiff
Party Name
Thankam
Party Age
66
Relation
D/o
Party Role
Defendant
Party Name
The Assistant Engineer, Irrigation Department
Party Role
Defendant
Party Name
Vijaya Das. K
Party Age
50
Relation
S/o
Plaintiffs Documents
Original Gift Deed No. 3589/1974, Tax receipt
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.R.Vidyadharan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Alex Babu Bunglawil
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. Rex D.G
Appearance Type
Main Counsel
Law Firm
Additional Govt. Pleader

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Let the defendants be perpetually restrained from trespassing into the plaint schedule property.
Evidence:
In light of the discussions in the foregoing issues, this court is of the view that the plaintiffs are entitled to get the reliefs as prayed for.

Documents & Evidence

Document Type: Gift Deed
Submitted By: Plaintiff
Relevance:
The original Gift Deed was produced and marked as Ext.A1, establishing the plaintiffs' ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
The tax receipt dated 03/03/1982 was marked as Ext.A2, showing that the plaintiffs were paying property tax.
Reference:
Ext.A2
Document Type: Judgment Copy
Submitted By: Plaintiff
Relevance:
The copy of the judgment in OS.1614/2007 was produced and marked as Ext.A3, relevant for res judicata consideration.
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Court
Relevance:
Ext.C1 was marked subject to proof, providing details regarding the boundaries of the plaint schedule property.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
The rough sketch prepared by the advocate commissioner regarding the bund and boundaries of the plaint schedule property.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2019

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Sun, 07/28/2019 - 12:00
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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