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O.S No. 1070/2022

Case between Joy vs Thankamma Johny regarding Permanent Prohibitory Injunction

Court
THE I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2024-08-19
Duration
approximately-2 years 8 days
Case Closed
Mon, 08/19/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Joy, the plaintiff, operates a scrap business and alleges that he is being unlawfully evicted by Thankamma Johny, the defendant, who is the property owner. The case revolves around the enforcement of a lease agreement and the right to occupy the property until the lease expires.

Judgment Outcome

Defendant Won
Interim Order
The suit is dismissed, with the court finding that the plaintiff has no right to seek a prohibitory injunction against the defendant.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed, with the court finding that the plaintiff has no right to seek a prohibitory injunction against the defendant.
Key Reasoning:
The court found that the plaintiff failed to establish a right to occupy the property due to the absence of clear identification of the property in question.
Why Defendant Won:
The court found that the plaintiff failed to establish a right to occupy the property due to the absence of clear identification of the property in question.
Supporting Evidence
The defendant consistently argued that the premises leased were not the residential building claimed by the plaintiff, and lack of a clear identification of the property undermined the plaintiff's position.

Judgment Evidence:

Hence, as a conclusion of the aforesaid discussions, the point is found against the plaintiff. In the result, the suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Joy
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
Thankamma Johny
Plaintiffs Documents
A1 18.10.22 Original receipt evidencing the payment of electricity charges issued by KSEB, Girinagar section in the name of the defendant.
Defendants Documents
B1 08.08.22 Copy of lease agreement executed between plaintiff and defendant.

Advocates

Party Role
Plaintiff
Advocate Name
Mohamed Sabah
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Gayathri R
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Jolly John K
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Lilly Antony
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiff seeks a Permanent Prohibitory Injunction from the court to prevent the defendant from forcibly evicting him.
Evidence:
The plaintiff is found not entitled for the relief sought for.

Documents & Evidence

Document Type: Electricity Bill Receipt
Submitted By: Plaintiff
Relevance:
Original receipt evidencing the payment of electricity charges issued by KSEB, Girinagar section in the name of the defendant.
Reference:
Ext.A1
Document Type: Lease Agreement
Submitted By: Defendant
Relevance:
Copy of lease agreement executed between plaintiff and defendant.
Reference:
Ext.B1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Joy vs Thankamma Johny regarding Permanent Prohibitory Injunction
Case Code Year
Case between Joy vs Thankamma Johny regarding Permanent Prohibitory Injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 08/08/2022 - 12:00
Case Closed
Mon, 08/19/2024 - 12:00
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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