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O.S No. 588/2016

Case between Munjusha M Joseph vs Vilasini et al regarding mandatory injunction, mesne profits, and recovery of possession.

Court
I Additional Munsiff Court, Ernakulam
Judge
Sri. Padmakumar.G.
Order Date
2024-01-31
Duration
approximately-7 years 6 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Munjusha M Joseph, the plaintiff, claims to be the absolute owner of a property and accuses the defendants of trespassing and constructing a building on her land. The case revolves around her request for mandatory injunction and recovery of possession of the disputed property.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in part, directing the defendants to remove the unauthorized construction and restore possession of the plaint B schedule property to the plaintiff, while dismissing the claim for mesne profits.
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to remove the unauthorized construction and to restore possession of plaint B schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed in part, directing the defendants to remove the unauthorized construction and restore possession of the plaint B schedule property to the plaintiff, while dismissing the claim for mesne profits.
Why Plaintiff Won:
The plaintiff successfully proved ownership of the property and the defendants’ unauthorized construction.
Losing Side's Weaknesses:
The plaintiff successfully proved ownership of the property and the defendants’ unauthorized construction.
Supporting Evidence
The plaintiff has convincingly established that her property has been trespassed into and possessed by the defendants. The Municipal Corporation directed the defendants to demolish the unauthorized construction.

Judgment Evidence:

In the light of the discussions on issues No.1 to 5, the suit is decreed in part with costs as follows: 1. The defendants are directed to put the plaintiff in possession of the plaint B schedule property as per Ext.C1(a) sketch. 2. The defendants are directed by a mandatory injunction to remove the construction made by the defendants in the plaint B schedule property. 3. The prayer for mesne profits and recovery of the same is dismissed. 4. The plaintiff is entitled to realize costs of the suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Munjusha M Joseph
Party Age
36
Relation
W/o
Party Role
Defendant
Party Name
Vilasini
Party Age
70
Relation
W/o
Party Role
Defendant
Party Name
K.B.Dinesh
Party Age
39
Relation
S/o
Party Role
Defendant
Party Name
K.B.Suresh
Party Age
39
Relation
S/o
Party Role
Defendant
Party Name
K.B.Rajesh
Party Age
32
Relation
S/o
Party Role
Defendant
Party Name
Asha Ratheesh
Party Age
30
Relation
D/o
Plaintiffs Documents
Original settlement deed no 843/2013, Original Sale deed 1916/1982, Photocopy of the order of the Kochi Corporation.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
T.K.Ajithkumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aswani Jyothy A.S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Dinesh Mathew J Muriken
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P.M.Mohammed Shiraz
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
G.R.Manju
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Directing the defendants to put the plaintiff in possession of the plaint B schedule property.
Evidence:
The defendants are directed to put the plaintiff in possession of the plaint B schedule property as per Ext.C1(a) sketch.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Ordering the defendants to remove the unlawful construction made in the plaint B schedule property.
Evidence:
The defendants are directed by a mandatory injunction to remove the construction made by the defendants in the plaint B schedule property.
Relief Type: Mesne Profits
Outcome: Rejected
Description:
Prayer for mesne profits and recovery of the same.
Evidence:
The prayer for mesne profits and recovery of the same is dismissed.

Documents & Evidence

Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Establishes the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Supports the claim of ownership by linking it to the previous owner.
Reference:
Ext.A2
Document Type: Municipal Corporation Order
Submitted By: Plaintiff
Relevance:
Demonstrates the municipal authority's order for demolition of unauthorized construction.
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Court
Relevance:
Details the findings on property boundaries and encroachments as reported by the court-appointed commissioner.
Reference:
Ext.C1
Document Type: Commission sketch
Submitted By: Court
Relevance:
Illustrates the layout of the properties in question based on the commission report.
Reference:
Ext.C1(a)

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 Munjusha M Joseph vs Vilasini et al regarding mandatory injunction, mesne profits, and recovery of possession.
Case Code Year
Case between Munjusha M Joseph vs Vilasini et al regarding mandatory injunction, mesne profits, and recovery of possession.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 01/01/2016 - 12:00
Case Closed
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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