Case Summary
Joseph Chacko is the plaintiff seeking a permanent prohibitory injunction against Manju Joseph and three other defendants. The case revolves around the obstruction of construction of a boundary wall on the plaintiff's property by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree of permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff a decree of permanent prohibitory injunction against the defendants, restraining them from obstructing the construction of a boundary wall on the plaintiff's property.
Why Plaintiff Won:
The evidence submitted by plaintiff remains unrebutted.
The evidence submitted by plaintiff remains unrebutted.
Losing Side's Weaknesses:
The evidence submitted by plaintiff remains unrebutted.
The evidence submitted by plaintiff remains unrebutted.
Supporting Evidence
The evidence available would show that plaint schedule item No.2 road is lying on the southern side of plaint schedule item No.1 property and PW1 has right to use of that road.
Judgment Evidence:
In the result, the suit is decreed as follows: A decree of permanent prohibitory injunction is granted restraining the defendants from obstructing the construction of compound wall on the southern side of item No.1 and destructing any part of it during or after its construction.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph Chacko
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manju Joseph
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jose Joseph
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lissy
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Pankajakshiyamma
- Party Age
- 76
Plaintiffs Documents
Certified copy of sale deed No.3950/2004, Certified copy of rectification deed No.2113/2017, Tax receipts dated 20.06.2022 and 12.05.2025, Certified copy of deed No.1365/19.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Riyas Bin Karim
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from obstructing the construction of a compound wall on the southern side of item No.1.
Evidence:
A decree of permanent prohibitory injunction is granted restraining the defendants from obstructing the construction of compound wall on the southern side of item No.1 and destructing any part of it during or after its construction.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement of the plaintiff to costs of the suit from defendants.
Evidence:
Plaintiff is entitled to get the cost of the suit from defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed showing plaintiff's title and possession of plaint schedule item No.1 property.
Reference:
Ext.A1
Document Type:
Rectification Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of rectification deed related to plaint schedule item No.1 property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt showing the plaintiff's payment for item No.1 property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt showing the plaintiff's payment for item No.1 property.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed showing plaintiff's right of use of the item No.2 road.
Reference:
Ext.A5
Document Type:
Copy of plaint
Submitted By:
Plaintiff
Relevance:
Copy of plaint in OS 362/2017 showing the legal background of the property dispute.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Certified copy of commission report relevant to OS 362/2017.
Reference:
Ext.A7
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
Certified copy of survey plan prepared by surveyor relevant to the property dispute.
Reference:
Ext.A7(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S.
Case Code Year
2023