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
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.
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
Plaintiffs
Mary Pious (54 years years)
74/199 (Old no. 45/656B) Vakayil house, Peter Korreya road, Behind Lourde Hospital, Vaduthala, Ernakulam, Ernakulam District, Pin – 682 023.
Defendants
Nelson Joseph (60 years years)
Kanjiraparambil house, Thevara Desom, Elamkulam Village, Kanayannoor tlauk, Ernakulam District.
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