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OS.No. 292/2019

Case between Joseph.S et al vs Manohar Yesudas et al regarding Injunction.

Court
COURT OF THE MUNSIFF, KOLLAM
Judge
Smt. Ragi.S.
Order Date
2025-03-27
Duration
approximately-5 years 9 months
Case Code No.
292
Case Closed
Thu, 03/27/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

This suit involves plaintiffs Joseph.S and Soosy seeking a permanent prohibitory injunction against defendants Manohar Yesudas and Mercy, alleging that the defendants have been dumping waste on their property and attempting to trespass. The plaintiffs hold ownership of the properties in question and are seeking to prevent further actions by the defendants.

Judgment Outcome

Defendant Won
Interim Order
The court found that the plaintiffs failed to prove their case regarding the allegation of the defendants trespassing and dumping waste on their property. Consequently, the court dismissed the suit with costs.
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
The court found that the plaintiffs failed to prove their case regarding the allegation of the defendants trespassing and dumping waste on their property. Consequently, the court dismissed the suit with costs.
Key Reasoning:
Plaintiffs failed to establish a valid cause of action.
Why Defendant Won:
Not available
Supporting Evidence
The plaintiffs have miserably failed to prove the cause of action. Without establishing these elements, the suit cannot succeed.

Judgment Evidence:

In the result, the suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Joseph.S
Party Age
62
Relation
S/o
Party Role
Plaintiff
Party Name
Soosy
Party Age
59
Relation
W/o
Party Role
Defendant
Party Name
Manohar Yesudas
Party Age
52
Relation
S/o
Party Role
Defendant
Party Name
Mercy
Party Age
62
Relation
W/o
Plaintiffs Documents
Sale Deed No. 796/2010, Copy of Land Tax Receipt, Copy of Land Tax Receipt
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Neeravil B.Krishnakumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
G.S.Krishnakumar
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Beena.K
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plea for a permanent prohibitory injunction restraining the defendants from trespassing and dumping waste.
Evidence:
The plaintiffs have miserably failed to prove the cause of action for the institution of the suit.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Shows that the 2nd plaintiff is the absolute owner in possession of plaint B schedule property.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Evidences that the 1st plaintiff paid land tax for A schedule property.
Reference:
Ext.A2
Document Type: Commission Report
Submitted By: Court
Relevance:
Contains findings related to the claims of both parties regarding property boundaries and waste dumping.
Reference:
Ext.C1
Document Type: Mahazar
Submitted By: Court
Relevance:
Documents prepared by Advocate Commissioner concerning the suit properties.
Reference:
Ext.C1(a)
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Visual representation relevant to the case based on the Commissioner's findings.
Reference:
Ext.C1(b)

Case Classification

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

Quick Facts

Location
Kollam District
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Sun, 04/07/2019 - 12:00
Case Closed
Thu, 03/27/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
100%

Involved Entities

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