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O.S. No. 349 / 2024

Case between Mokim Ali vs Kochi Municipal Corporation regarding permanent prohibitory injunction

Court
II Additional Munsiff Court
Judge
Smt. Needi. K. Dinamany
Order Date
2024-10-17
Duration
approximately-8 months 15 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Mokim Ali is the plaintiff seeking a permanent prohibitory injunction against the Kochi Municipal Corporation. The plaintiff fears illegal eviction from the property they are leasing to conduct a scrap collection business.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, restraining the defendants from evicting the plaintiff without following due process. The defendants were also directed to pay the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against eviction and obstruction of business.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, restraining the defendants from evicting the plaintiff without following due process. The defendants were also directed to pay the costs of the suit.
Why Plaintiff Won:
Plaintiff established his case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
Plaintiff established his case through unchallenged oral and documentary evidence.
Supporting Evidence
On perusal of the proof affidavit and Ext.C1 Commission report which remain unchallenged, this court is satisfied that plaintiff has established his case.

Judgment Evidence:

In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction restraining defendants from forcibly evicting plaintiff from plaint schedule property and obstructing the business therein without due process of law.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mokim Ali
Party Age
40
Relation
S/o
Party Role
Defendant
Party Name
Kochi Municipal Corporation
Relation
Represented by
Party Role
Defendant
Party Name
The Secretary, Kochi Municipal Corporation
Plaintiffs Documents
Copy of registered letter dated 25.03.2024, License Agreement between Mrs. Reema Cleetus and the plaintiff, Property tax receipt no. 245133 issued by Kochi Municipal Corporation to Mrs. Reena Cleetus, Acknowledgement receipt for submitting application for New IFTE and OS License.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P T Jose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K G Gopakumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Abrem K Joy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Nithin Antony Jose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Vineeth P Baby
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Varghese Thomas
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from forcibly evicting the plaintiff from the plaint schedule property and obstructing the business without due process of law.
Evidence:
In the result, suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction restraining defendants from forcibly evicting plaintiff from plaint schedule property and obstructing the business therein without due process of law.
Relief Type: Costs
Outcome: Granted
Description:
Defendants are directed to pay costs of the suit to the plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.

Documents & Evidence

Document Type: Registered Letter
Submitted By: Plaintiff
Relevance:
Photocopy of registered letter issued by the plaintiff to the 2nd defendant.
Reference:
Ext.A1
Document Type: Track ID
Submitted By: Plaintiff
Relevance:
Photocopy of track ID dated 28.03.2024 showing acknowledgement by the 2nd defendant.
Reference:
Ext.A2
Document Type: Lease Agreement
Submitted By: Plaintiff
Relevance:
Copy of agreement for lease deed dated 02.03.2024 between plaintiff and landlord.
Reference:
Ext.A3
Document Type: Acknowledgement
Submitted By: Plaintiff
Relevance:
Copy of acknowledgement dated 11.03.2024 for new IFTE & OS license issued by the 1st defendant.
Reference:
Ext.A4
Document Type: Building Tax Receipt
Submitted By: Plaintiff
Relevance:
Photocopy of building tax dated 19.02.2024 issued by the 2nd defendant.
Reference:
Ext.A5
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report showing the lie and location of the plaint schedule property, indicating the plaintiff's business is conducted there.
Reference:
Ext.C1

Case Classification

Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Mokim Ali vs Kochi Municipal Corporation regarding permanent prohibitory injunction
Case Code Year
Case between Mokim Ali vs Kochi Municipal Corporation regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 03/02/2024 - 12:00
Case Closed
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Municipality

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