Case Summary
Maju P Abraham filed a suit against R.R.Antony and K.J.Joseph seeking a permanent prohibitory injunction regarding a property dispute. The case revolves around allegations of ownership and possession of land that has led to threats of forced eviction.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the plaintiffs did not substantiate their claims of ownership and possession.
The court found that the plaintiffs did not substantiate their claims of ownership and possession.
Judgment Evidence:
In the result, O.S.46/2009 and O.S.50/2009 are dismissed.
Parties Involved
Plaintiffs
Maju P Abraham (33 years)
62 W, 60th Street, 203 Westmont, IL-60559, USA
P.T.Abraham (58 years)
Pallathurssery house, Vytila Desom, Poonithura Village, Kanayannur taluk, Kochi- 682 019
Defendants
R.R.Antony (56 years)
Ramachamkuzhi house, Vytilla Desom, Poonithura village, Kanayannur taluk
K.J.Joseph (60 years)
Kulangara Kadavil, Payippadu muri, Changanassery Taluk
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Suit for permanent prohibitory injunction against the defendants from interfering with the plaintiff's possession.
Evidence:
Hence, the suit is liable to be dismissed.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Relief of mandatory injunction directing the 2ⁿᵈ defendant to put the plaintiff in possession of the plaint schedule property.
Evidence:
Hence, the suit is liable to be dismissed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed bearing no. 2170/94 of Thrikkakkara SRO
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Basic tax paid receipt bearing no. 54 issued by Kakkanad Village Office
Reference:
Ext.A2(a)
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Basic tax paid receipt bearing no. 5 issued by Kakkanad Village Office
Reference:
Ext.A2(b)
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed bearing no. 1935/94 of SRO Thrikkakkara
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Property tax paid receipt bearing no. 69 issued by Thrikkakkara Panchayath
Reference:
Ext.A4(a)
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Property tax paid receipt bearing no. 61 issued by Thrikkakkara Panchayath
Reference:
Ext.A4(b)
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Property tax paid receipt bearing no. 69 issued by Thrikkakkara Panchayath
Reference:
Ext.A4(c)
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Ownership Certificate issued by Thrikkakkara Grama Panchayath
Reference:
Ext.A5
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Ownership Certificate issued by Thrikkakkara Grama Panchayath
Reference:
Ext.A6
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Order passed by Superintendent of Survey and Land Records (Re-survey) in file no. SA-964/08 and related documents
Reference:
Ext.A7
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint filed by Sudhansu before the Ernakulam City Police Commissioner
Reference:
Ext.A8
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment receipt bearing no. 347484 issued by Circle Inspector of Police, Kalamassery
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt
Reference:
Ext.A10
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Power of Attorney
Reference:
Ext.A11
Document Type:
Reply letter
Submitted By:
Plaintiff
Relevance:
Reply letter issued by the Public Information Officer and Additional Tahsildar Kanayannur taluk to K.K.Mathu Kunju
Reference:
Ext.A12
Document Type:
Patta
Submitted By:
Defendant
Relevance:
Certified copy of the Patta and sketch issued to the 2ⁿᵈ defendant as per proceedings in B6-LA-191/84 (May - 1986)
Reference:
Ext.B1
Document Type:
Settlement register
Submitted By:
Defendant
Relevance:
Certified copy of the Settlement Register bearing Tandapper no. 4031 issued to the 2ⁿᵈ defendant
Reference:
Ext.B2
Document Type:
Non Encumbrance Certificate
Submitted By:
Defendant
Relevance:
Non Encumbrance certificate bearing no. 5238/17
Reference:
Ext.B3
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Commissioner report filed by Adv. K.S.Sumitha
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch
Reference:
Ext.C1 (a)
Document Type:
Mahazer
Submitted By:
Unknown
Relevance:
Mahazer associated with the Patta issued to the 2ⁿᵈ defendant as per proceedings in B6-LA-191/84
Reference:
Ext.X1