Case Summary
Mary. P.J is the plaintiff claiming ownership and seeking an injunction against Johny Diselva and others who she alleges have unlawfully entered her property and disturbed her possession. The defendants claim a right of way based on usage for over 50 years.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from trespassing and construction on the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from trespassing onto her property.
Why Plaintiff Won:
The plaintiff established legal title and possession over the plaint schedule property.
The plaintiff established legal title and possession over the plaint schedule property.
Losing Side's Weaknesses:
The plaintiff established legal title and possession over the plaint schedule property.
The plaintiff established legal title and possession over the plaint schedule property.
Supporting Evidence
The plaintiff has established her legal right over plaint schedule property and proved lawful possession over it.
Judgment Evidence:
In the result, the suit is decreed with costs restraining the defendants from trespassing into the plaint schedule property and from cutting open any new pathway through it.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mary. P.J
- Party Age
- 75
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Johny Diselva
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Aslam
- Party Age
- 40
- Party Role
- Defendant
- Party Name
- Jessy Bevera
- Party Age
- 42
- Party Role
- Defendant
- Party Name
- Mary Bivera
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Shimson Kuryakose
- Relation
- S/o
Plaintiffs Documents
Certified copy of partition deed No.906/1971, Tax receipt, Possession certificate, Certified copy of Sale Deed No. 2295/1971, Certified copy of Sale Deed No. 2186/1971, Notice issued by Cochin Corporation, Receipt issued by Cochin Corporation, Certificate issued from Village office, Ernakulam, Certified copy of Sale deed No. 2187/1971, Certified copy of Sale deed No. 2013/1979.
Defendants Documents
Certified copy of Sale deed No.2616/2017, Certified copy of gift deed No. 3951/2016, Building receipt.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.G. Lenin
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- J. Asokan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreekumar Thattaratth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property and from cutting open any new pathway through it.
Evidence:
The suit is decreed with costs restraining the defendants from trespassing into the plaint schedule property and from cutting open any new pathway through it.
Relief Type:
Other
Outcome:
Rejected
Description:
Counter claim by the defendants.
Evidence:
The counter claim raised by the defendants is dismissed with costs.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed No. 906/1971 establishing title.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 06.08.2019 showing payment related to the property.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate dated 07.09.2019 evidencing possession of the plaintiff.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 2295/1971 related to property transactions.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 2186/1971 related to property transactions.
Reference:
Ext.A5
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by Cochin Corporation dated 14.05.2019.
Reference:
Ext.A8
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued by Cochin Corporation dated 17.05.2019.
Reference:
Ext.A9
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate issued from Village office, Ernakulam.
Reference:
Ext.A12
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 2187/1971 related to property transactions.
Reference:
Ext.A15
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 2013/1979 related to property transactions.
Reference:
Ext.A16
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed No. 4300/2015 involved in ownership details.
Reference:
Ext.A18
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed No. 2616/2017 of Ernakulam SRO for establishing title.
Reference:
Ext.B1
Document Type:
Gift Deed
Submitted By:
Defendant
Relevance:
Certified copy of gift deed No. 3951/2016 establishing ownership.
Reference:
Ext.B2
Document Type:
Building Receipt
Submitted By:
Defendant
Relevance:
Building receipt dated 25.07.2024 relevant for property modifications.
Reference:
Ext.B4
Document Type:
RTI Reply
Submitted By:
Defendant
Relevance:
RTI reply dated 25.11.2021 obtained from Village office for clarifying property details.
Reference:
Ext.B6
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Original letter dated 01.01.2019 from one P.J. Marry to the Secretary, Cochin Corporation.
Reference:
Ext.B7
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Certified copy of letter dated 10.03.2020 with No.ISO-MOEI-6/2019 concerning the property.
Reference:
Ext.B8
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Copy of complaint dated 27.12.2018 to the Station House Officer regarding property issues.
Reference:
Ext.B10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report providing evaluation and findings related to the property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Another commission report contributing to case assessment.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further commission report outlining the current evaluation of property.
Reference:
Ext.C3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mary. P.J vs Johny Diselva et al regarding permanent prohibitory injunction
Case Code Year
Case between Mary. P.J vs Johny Diselva et al regarding permanent prohibitory injunction