Case Summary
Omana Markose, represented by her Power of Attorney Sunny Mathew, filed a petition against P.O Devarsykutty and Piramal Capital and Housing Finance Limited. The case involves a request for a temporary injunction to prevent the defendants from illegally trespassing on the petition schedule property owned by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Temporary injunction granted against the respondents from illegally trespassing into the petition schedule property.
Case Type
Civil Suit
Final Judgment
No
The court granted the petitioner's request for a temporary injunction against the defendants, restraining them from illegally trespassing on the petition schedule property.
Why Plaintiff Won:
The petitioner prima facie established a right over the petition schedule property.
The petitioner prima facie established a right over the petition schedule property.
Losing Side's Weaknesses:
The petitioner prima facie established a right over the petition schedule property.
The petitioner prima facie established a right over the petition schedule property.
Supporting Evidence
It can be held that the petitioner could prima facie establish a right over the petition schedule property. If injunction is not granted, irreparable loss and injury could be caused to the petitioner.
Judgment Evidence:
In the result, the petition is allowed as follows; The respondents and their men are restrained by an order of temporary injunction from illegally trespassing into the petition schedule property and taking forceful possession of plaint schedule property or altering its boundaries, till the disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Omana Markose
- Party Age
- 80
- Relation
- W/o late C. Markose
- Party Role
- Plaintiff
- Party Name
- Sunny Mathew
- Party Age
- 61
- Relation
- S/o Mathew
- Party Role
- Defendant
- Party Name
- P.O Devarsykutty
- Party Age
- 69
- Relation
- S/o Ouseph
- Party Role
- Defendant
- Party Name
- Piramal Capital and Housing Finance Limited
Plaintiffs Documents
Sale deed No. 1715/10, power of attorney, Tax receipt No. KL 05031707238/24, Death Certificate.
Defendants Documents
Sale deed No. 1028/17, case details from Chief Judicial Magistrate Court, copy of judgments in WP(C)No.15394/24 and WP(C)No.30600/21.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George.C. Kuruvilla
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Greeshma Viji
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nitheesh.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Temporary injunction from illegally trespassing into the petition schedule property and taking forceful possession.
Evidence:
The petition is allowed as follows; The respondents and their men are restrained by an order of temporary injunction from illegally trespassing into the petition schedule property and taking forceful possession of plaint schedule property or altering its boundaries, till the disposal of the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is Sale deed no.1715/10 whereby Markose, the husband of the petitioner obtained title over 1.21 Ares of property comprised in Resurvey no: 173/6/2.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Photocopy of power of attorney.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Photocopy of Tax receipt No. KL 05031707238/24 of Nattakam Village office.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Photocopy of Death Certificate.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Photocopy of Sale deed No. 1028/17 of Kottayam SRO Principal.
Reference:
Ext.B1
Document Type:
Case Details
Submitted By:
Defendant
Relevance:
Photocopy of case details from Chief Judicial Magistrate Court, Kottayam.
Reference:
Ext.B2
Document Type:
Judgment Copy
Submitted By:
Defendant
Relevance:
Photocopy of Judgment in UP(C) No. 15394/24 of Hon'ble High Court of Kerala.
Reference:
Ext.B3
Document Type:
Judgment Copy
Submitted By:
Defendant
Relevance:
Photocopy of Judgment in WP(C) No. 30600/21 of Hon'ble High Court of Kerala.
Reference:
Ext.B4
Document Type:
MC Details
Submitted By:
Defendant
Relevance:
Photocopy of MC 189/22 of Chief Judicial Magistrate Kottayam and Synopsis of Hon'ble High Court of Kerala.
Reference:
Ext.B5
Document Type:
Judgment Copy
Submitted By:
Defendant
Relevance:
Photocopy of Judgment in WP(c) No. 13830/24 of Hon'ble High Court of Kerala.
Reference:
Ext.B6
Document Type:
Rent Deed
Submitted By:
Defendant
Relevance:
Photocopy of Rent deed No. 47/24 of SRO Kottayam Principal.
Reference:
Ext.B7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
O.S.
Case Code Year
2024