Case Summary
Mary Pious is the plaintiff seeking a permanent prohibitory injunction against Nelson Joseph, the defendant. The case revolves around ownership and peaceful possession of a property that the defendant has been interfering with despite the plaintiff's lawful ownership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are restrained from obstructing the peaceful enjoyment and ownership of the plaintiff over the plaint schedule property and shop rooms therein.
Why Plaintiff Won:
The plaintiff provided satisfactory proof of ownership and established the unlawful interference by the defendant.
The plaintiff provided satisfactory proof of ownership and established the unlawful interference by the defendant.
Losing Side's Weaknesses:
The plaintiff provided satisfactory proof of ownership and established the unlawful interference by the defendant.
The plaintiff provided satisfactory proof of ownership and established the unlawful interference by the defendant.
Supporting Evidence
The affidavit and documents would satisfactorily prove the plaintiff's case.
Judgment Evidence:
In the result, the suit is decreed as follows. 1. Defendants are restrained by an order of permanent prohibitory from obstructing the peaceful enjoyment and ownership of the plaintiff over the plaint schedule property and shop rooms therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mary Pious
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nelson Joseph
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Sale certificate no. 3081/19, Certified copy of the gift deed no. 1653/2020, Certified copy of the Sale deed no. 2200/2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Renjith R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anju Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Subitha C.A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ansil B.H
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.S.Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Sunil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ardra Krishnan M
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by an order of permanent prohibitory injunction from obstructing the peaceful enjoyment and ownership of the plaintiff over the plaint schedule property and shop rooms therein.
Evidence:
Defendants are restrained by an order of permanent prohibitory from obstructing the peaceful enjoyment and ownership of the plaintiff over the plaint schedule property and shop rooms therein.
Documents & Evidence
Document Type:
Sale Certificate
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale certificate no. 3081/19 evidencing the plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the gift deed no. 1653/2020, showing the transfer of property ownership to the plaintiff.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed no. 2200/2022, further establishing the plaintiff's claim to the property.
Reference:
Ext.A3
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 Mary Pious vs Nelson Joseph regarding permanent prohibitory injunction.
Case Code Year
Case between Mary Pious vs Nelson Joseph regarding permanent prohibitory injunction.