Case Summary
Lawrence Joseph, the plaintiff, seeks a permanent injunction to prevent S. Mangalam Bai, the defendant, from evicting him from a building. The case involves complications with a loan settlement and possession issues due to SARFAESI proceedings initiated by Union Bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is permitted to remove his movable properties from the plaint schedule building.
Case Type
Civil Suit
Final Judgment
No
The application by the plaintiff to allow him to remove his movable properties from the plaint schedule building was granted. An advocate commissioner has been appointed to oversee the removal.
Why Plaintiff Won:
The court found that the movable properties reported in the inventory belong to the plaintiff, and no objection was raised by the defendant.
The court found that the movable properties reported in the inventory belong to the plaintiff, and no objection was raised by the defendant.
Losing Side's Weaknesses:
The court found that the movable properties reported in the inventory belong to the plaintiff, and no objection was raised by the defendant.
The court found that the movable properties reported in the inventory belong to the plaintiff, and no objection was raised by the defendant.
Supporting Evidence
Admittedly the movable properties in plaint schedule property as reported in Ext.A1 inventory belongs to plaintiff. The learned counsel for defendant also submitted no objection allowing the present application.
Judgment Evidence:
In the result, petition stands allowed as follows: 1) Advocate Muhammed Ashiq is appointed as the advocate commissioner to execute the above work and file report before the court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lawrence Joseph
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- S. Mangalam Bai
- Relation
- D/o
Plaintiffs Documents
Commission report dated 20.06.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kulathoor. S.V. Premachandran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shyam Sekhar. K.R
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Muhammed Ashiq
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The court permitted the plaintiff to remove his movable properties from the plaint schedule building.
Evidence:
the learned counsel for defendant also submitted no objection allowing the present application and permitting the plaintiff to take the movable properties from the plaint schedule building within a period of two weeks from the date of order.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
The court referred to the inventory prepared by the advocate commissioner regarding the movable properties kept in the building.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Lawrence Joseph vs S. Mangalam Bai regarding permanent prohibitory injunction
Case Code Year
Case between Lawrence Joseph vs S. Mangalam Bai regarding permanent prohibitory injunction