Case Summary
The case involves Mathew Thomas, the plaintiff, claiming ownership and possession of property and alleging encroachment by Jacob @ Joshy, the defendant. The plaintiff seeks to restrain the defendant from constructing on a pathway between their properties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by Mathew Thomas against Jacob @ Joshy, stating that the plaintiff could not establish evidence of encroachment.
Key Reasoning:
The plaintiff failed to prove that the defendant encroached upon the plaint schedule properties.
The plaintiff failed to prove that the defendant encroached upon the plaint schedule properties.
Why Defendant Won:
Not available
Not available
Supporting Evidence
In the above circumstances, it can be held that the plaintiff could not establish that the defendant has tried to encroach into the plaint schedule item no.1 and 2 properties.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mathew Thomas
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jacob @ Joshy
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Tax receipt dated 28.05.2020
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sijo Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jossy Bastian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
To restrain the defendant from committing acts on the plaint schedule item no.1 property.
Evidence:
Hence, the prayers of the plaintiff cannot be allowed.
Relief Type:
Mandatory Injunction
Outcome:
Not Decided
Description:
To direct the defendant to reconstruct the boundary wall.
Evidence:
The counsel for the plaintiff submitted that the plaintiff was not intending to continue with the prayer for mandatory injunction.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff was paying tax to the property having an extent of 66.77 ares.
Reference:
Ext.A1
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Reports on the state of the disputed properties and findings regarding the allegations made.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Mathew Thomas vs Jacob @ Joshy regarding permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Mathew Thomas vs Jacob @ Joshy regarding permanent prohibitory injunction and mandatory injunction