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O.S. No. 436 of 2022

Case between K.J Thomas et al vs Saumya Maju et al regarding permanent prohibitory injunction.

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-02-21
Duration
approximately-1 year 12 days
Case Closed
Wed, 02/21/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

K.J Thomas and others are plaintiffs seeking a permanent prohibitory injunction against Saumya Maju and others. The case concerns excavation activities by the defendants that threaten the plaintiffs' properties.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiffs, ordering the defendants to construct a retaining wall to protect the plaintiffs' properties and restraining them from further excavation activities.
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to construct a retaining wall with rubles and concrete and are restrained from further excavation without permit.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, ordering the defendants to construct a retaining wall to protect the plaintiffs' properties and restraining them from further excavation activities.
Why Plaintiff Won:
The plaintiffs provided unrebutted evidence supporting their claims regarding the risk to their properties.
Losing Side's Weaknesses:
The plaintiffs provided unrebutted evidence supporting their claims regarding the risk to their properties.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A10 documents and Ext.C1 and C1(a)... the plaintiffs are entitled to get a decree as prayed for.

Judgment Evidence:

In the result, suit is decreed as follows: A) The defendants are directed to construct a retaining wall... B) The defendants and their men are restrained by way of permanent prohibitory injunction from reducing the width of the E schedule way...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.J Thomas
Party Age
75
Relation
S/o
Party Role
Plaintiff
Party Name
Joe Joseph
Party Age
57
Relation
S/o
Party Role
Plaintiff
Party Name
Sheena Joe
Party Age
52
Relation
W/o
Party Role
Defendant
Party Name
Saumya Maju
Party Age
50
Relation
W/o
Party Role
Defendant
Party Name
Maju
Party Age
55
Relation
S/o
Plaintiffs Documents
Certified copy of the Document No. 56/1982, Land tax receipt, Certified copy of the Release Deed No. 2184/2021, Certified copy of the Sale Deed No. 2637/1995, Certified copy of the Sale Deed No. 1077/1984, Complaint before Circle Inspector of Police, True copy of the complaint filed before Revenue Divisional Officer, Copy of the complaint filed before Secretary Amballur Grama Panchayath, True copy of the complaint filed before the Officer (Mining and Geology Department)
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Tomy Xavier
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
V.M Sajan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
The defendants are directed to construct a retaining wall on the D schedule property.
Evidence:
The defendants are directed to construct a retaining wall with rubles and concrete, throughout the western side of the D schedule to a length of 40 meters...
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from reducing the width of the E schedule way and from excavating soil from the D schedule property.
Evidence:
The defendants and their men are restrained by way of permanent prohibitory injunction from reducing the width of the E schedule way...
Relief Type: Other
Outcome: Granted
Description:
Plaintiffs are entitled to costs of the suit from the defendants.
Evidence:
The plaintiffs are also entitled to get the costs of the suit from the defendants.

Documents & Evidence

Document Type: Certified copy of the document
Submitted By: Plaintiff
Relevance:
This document was used to establish the ownership of the property obtained by the 1st plaintiff.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
This document supports the claim of the 1st plaintiff regarding tax payments on the property.
Reference:
Ext.A2
Document Type: Certified copy of the Release Deed
Submitted By: Plaintiff
Relevance:
This document confirms the relinquishment of rights by the legal heirs of the 2nd plaintiff's father.
Reference:
Ext.A3
Document Type: Certified copy of the Sale deed
Submitted By: Plaintiff
Relevance:
This document was used to demonstrate the acquisition of property by the 2nd and 3rd plaintiffs.
Reference:
Ext.A4
Document Type: Certified copy of the Sale deed
Submitted By: Plaintiff
Relevance:
This document establishes the purchase of property by the 1st plaintiff for access to other properties.
Reference:
Ext.A5
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
This document further supports the ownership claim of the plaintiffs.
Reference:
Ext.A6
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
This document provides evidence of the plaintiffs' complaint regarding soil excavation.
Reference:
Ext.A7
Document Type: True copy of the complaint
Submitted By: Plaintiff
Relevance:
This document indicates the complaint filed before the Revenue Divisional Officer.
Reference:
Ext.A8
Document Type: Copy of the complaint
Submitted By: Plaintiff
Relevance:
This document supports the plaintiffs' claims regarding the complaint filed with the Panchayath Secretary.
Reference:
Ext.A9
Document Type: True copy of the complaint
Submitted By: Plaintiff
Relevance:
This document shows the complaint filed with the Mining and Geology Department.
Reference:
Ext.A10
Document Type: Commission Report
Submitted By: Court
Relevance:
This document was marked to support the court's assessment of the plaintiffs' claims regarding property damage.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
This sketch provides a visual reference related to the commission report.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between K.J Thomas et al vs Saumya Maju et al regarding permanent prohibitory injunction.
Case Code Year
Case between K.J Thomas et al vs Saumya Maju et al regarding permanent prohibitory injunction.

Quick Facts

Location
Ernakulam District
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 02/21/2022 - 12:00
Case Closed
Wed, 02/21/2024 - 12:00
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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