Case Summary
The case involves Mathew Thomas, the plaintiff, who is seeking to restrain the defendants, Jince Joy and Jino Joy, from trespassing on properties that he purchased through auction. The defendants allege that the sale certificate was fraudulent and deny having any rights over the properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Injunction granted against trespassing into the plaint schedule property.
Case Type
Injunction
Final Judgment
No
The court issued an injunction restraining the defendants from trespassing on the plaintiff's properties. The relief requested in the connected OS 357/2024 was dismissed.
Why Plaintiff Won:
The plaintiff established a prima facie case in his favour and demonstrated that his rights were being infringed upon.
The plaintiff established a prima facie case in his favour and demonstrated that his rights were being infringed upon.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff could establish a prima facie case in his favour. If injunction is not granted in favour of the plaintiff, irreparable loss and injury would be caused to him. The balance of convenience is in favour of the plaintiff.
Judgment Evidence:
In the result, the defendant and the henchmen in IA 1/2024 in OS 498/24 are restrained from trespassing into the plaint schedule property and from committing any waste or mischief therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mathew Thomas
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jince Joy
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jino Joy
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Settlement deed No. 1167/96, Settlement deed No. 1168/96, Copy of Settlement deed No. 1173/96, Copy of Settlement deed No. 1174/96, Sale Certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joseph. T. John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S. Pradeep Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
To restrain the defendant from trespassing into the plaint schedule property.
Evidence:
The defendant and the henchmen in IA 1/2024 in OS 498/24 are restrained from trespassing into the plaint schedule property and from committing any waste or mischief therein.
Relief Type:
Injunction
Outcome:
Refused
Description:
To restrain the defendants from committing any waste in the plaint schedule property.
Evidence:
The relief prayed in IA 1/2024 in OS 357/24 is dismissed.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original settlement deed no. 1167/96, establishing ownership.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original settlement deed no. 1168/96, establishing ownership.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original settlement deed no. 1173/96, establishing ownership.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original settlement deed no. 1174/96, establishing ownership.
Reference:
Ext.A4
Document Type:
Sale Certificate
Submitted By:
Plaintiff
Relevance:
Sale certificate dated 24.06.2024, evidencing purchase of property in auction.
Reference:
Ext.A5
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
O.S.
Case Code Year
2024