Case Summary
The plaintiffs, Kurias Thomas and Marykutty, are seeking a permanent prohibitory injunction against the defendant, Chacko Sajive, who has been threatening to forcefully take possession of their properties. The case revolves around a loan repayment dispute and allegations of intimidation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction is passed restraining the defendant from entering into plaint schedule item No.1, 2 and 3 properties.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendant. This injunction prevents the defendant from entering the plaintiffs' properties and disturbing their peaceful possession.
Why Plaintiff Won:
The plaintiffs proved that they are the title holders and in possession of the plaint schedule properties.
The plaintiffs proved that they are the title holders and in possession of the plaint schedule properties.
Losing Side's Weaknesses:
The plaintiffs proved that they are the title holders and in possession of the plaint schedule properties.
The plaintiffs proved that they are the title holders and in possession of the plaint schedule properties.
Supporting Evidence
The plaintiffs could prove that they are in title and possession of plaint schedule properties. The defendant has no right to forcibly evict plaintiffs from the house owned to 1st defendant.
Judgment Evidence:
In the result the suit is decreed as follows:- 1A decree of permanent prohibitory injunction is passed restraining the defendant from entering into plaint schedule item No.1, 2 and 3 properties, making new constructions therein, obstructing the peaceful life of the plaintiffs in the plaint schedule properties and from committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kurias Thomas
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Marykutty
- Party Age
- 72
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chacko Sajive
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Certified copy of will deed No. 232/12, Certified copy of Settlement deed No. 155/16, Certified copy of Sale deed No. 5543/85, Tax Receipts, Death Certificate of Thomas Kuriakose.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S. Sajikumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is passed restraining the defendant from entering into plaint schedule item No.1, 2 and 3 properties.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendant from entering into plaint schedule item No.1, 2 and 3 properties, making new constructions therein, obstructing the peaceful life of the plaintiffs in the plaint schedule properties and from committing any waste therein.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to get the cost of the suit from defendant and his assets.
Evidence:
Plaintiffs are entitled to get the cost of the suit from defendant and his assets.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of will deed No. 232/12 of the S.R.O., Kanjirappally showing title holder of plaint schedule item No.1 property.
Reference:
Ext.A1
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Original will deed No. 232/12 of the S.R.O., Erumely.
Reference:
Ext.A1(a)
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement deed No. 155/16 establishing title for item No.2 property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 5543/85 establishing title for item No.3 property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt in respect to plaint schedule item No.1 property.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt in respect to plaint schedule item No.2 property.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt in respect to plaint schedule item No.3 property.
Reference:
Ext.A6
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of Thomas Kuriakose, relevant to the case.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Unauthorized occupation
Case Code
O.S
Case Code Year
2023