Case Summary
The petitioners, John Paulose and Moly John, seek a permanent prohibitory injunction against the respondents, Biju and Prakashan, alleging that the respondents have trespassed onto their property and caused damage. The case involves ownership and access issues related to paddy fields and a canal.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition seeking mandatory injunction has been dismissed. The plaintiffs alleged damage and destruction by the defendants but could not establish a clear prima facie case.
Key Reasoning:
The plaintiffs failed to clearly demonstrate the need for a temporary mandatory injunction as required under established legal standards.
The plaintiffs failed to clearly demonstrate the need for a temporary mandatory injunction as required under established legal standards.
Why Defendant Won:
The plaintiffs failed to clearly demonstrate the need for a temporary mandatory injunction as required under established legal standards.
The plaintiffs failed to clearly demonstrate the need for a temporary mandatory injunction as required under established legal standards.
Supporting Evidence
The prima facie case made out in such proceedings must be so strong and unusually clear that the suit has a high probability of success.
Judgment Evidence:
In the result: - The petition is dismissed with no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- John Paulose
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Moly John
- Party Age
- 64
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Biju
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prakashan @ Kuttan
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Sale deed No.975/2010, Exchange Deed No.4902/12, Tax Receipts No.KL07050806865/2023 & No.KL07050806862/2023, Possession Certificates No.83126119 and 831261529
Defendants Documents
Copy of notice issued by Thiruvaniyoor Grama Panchayath, Copy of injunction order issued by Village Office, Thiruvaniyoor.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G.Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul P Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.A Benny
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The petitioners sought a mandatory injunction to restore the fencing and remove debris.
Evidence:
Hence point No I is found against the petitioner.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Photocopy of Sale deed No.975/2010 of Puthencruz SRO.
Reference:
Ext.A1
Document Type:
Exchange Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of Exchange Deed No.4902/12 of Puthencruze SRO.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Photocopy of the Tax Receipt No.KL07050806865/2023 issued by Village Office Thiruvaniyoor.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Photocopy of the Tax Receipt No.KL07050806862/2023 issued by Village Office Thiruvaniyoor.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Photocopy of Possession Certificate No.83126119 and 831261529 issued by Village Office Thiruvaniyoor.
Reference:
Ext.A5
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Photocopy of Possession Certificate No.83126113 issued by Village Office Thiruvaniyoor.
Reference:
Ext.A6
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Photocopy of the complaint submitted to the Sub Inspector of Police, Chottanikkara.
Reference:
Ext.A7
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Photocopy of the Judgment of the High Court of Kerala in WP© No.38456/2015.
Reference:
Ext.A8
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Photocopy of the Judgment of the High Court of Kerala in WP© No.5668/2016.
Reference:
Ext.A9
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Photocopy of the Judgment of the High Court of Kerala in WP© No.8280/2023.
Reference:
Ext.A10
Document Type:
Sketch
Submitted By:
Plaintiff
Relevance:
Photocopy of sketch issued by Thiruvaniyoor Village Office.
Reference:
Ext.A11
Document Type:
Photo
Submitted By:
Plaintiff
Relevance:
Photograph related to the properties.
Reference:
Ext.A12
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Copy of notice issued by Thiruvaniyoor Grama Panchayath.
Reference:
Ext.B1
Document Type:
Injunction Order
Submitted By:
Defendant
Relevance:
Copy of injunction order issued by Village Office, Thiruvaniyoor.
Reference:
Ext.B2
Document Type:
Photo
Submitted By:
Defendant
Relevance:
Photograph related to the properties.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Advocate Commissioner Sri.Renjith Rajan.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch filed by Advocate Commissioner Sri.Renjith Rajan.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Advocate Commissioner Sri.Renjith Rajan.
Reference:
Ext.C2
Document Type:
Photo
Submitted By:
Court
Relevance:
Photograph related to the commission.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between John Paulose et al vs Biju et al regarding permanent prohibitory injunction
Case Code Year
Case between John Paulose et al vs Biju et al regarding permanent prohibitory injunction