Case Summary
The plaintiffs, including P A Jihas and Jewel Homes Pvt. Ltd., are involved in a dispute with the defendants over the maintenance of a residential complex. The plaintiffs seek an injunction to prevent the defendants from trespassing and obstructing access to their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs established their case with unchallenged evidence.
The plaintiffs established their case with unchallenged evidence.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) 1st to 7 defendants are restrained by a permanent prohibitory injunction from trespassing into plaint A schedule property and preventing the free ingress and egress of the 1st plaintiff or his family.
Parties Involved
Plaintiffs
P A Jihas (55 years)
Jewel Nest, CC No. 35/423-B, Eroor-Vasudeva Road, Vasantha Nagar, Palarivattom P O, Ernakulam – 682025.
Jewel Homes Pvt. Ltd. (Age not specified years)
Casagrante Building, 2nd Floor, Desabhimani Junction, Opposite to TVS Showroom, Kaloor, Kochi- 683017, Represented by Managing Director – P A Jihas
Defendants
Edwin Correya (67 years)
Apartment No. I-3, Jewel Oakfield Apartments, Hamzakunju Lane SRM Road, Kaloor, Kochi- 682018.
Irshan Jaffer (33 years)
apartment No. C-4, Jewel Oakfield Apartments, Hamzakunju Lane SRM Road, Kaloor, Kochi- 682018.
Vinis Davis (42 years)
Apartment No. I-2, Jewel Oakfield Apartments, Hamzakunju Lane, SRM Road, Kaloor, Kochi- 682018.
Yasar Aravath (38 years)
Apartment No. E-1, Jewel Oakfield Apartments, Hamzakunju Lane, SRM Road, Kaloor, Kochi- 682018.
Jignesh Jayendra Vagadia (42 years)
Apartment No. D-4, Jewel Oakfield Apartments, Hamzakunju Lane, SRM Road, Kaloor, Kochi- 682018.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing into plaintiffs' properties and obstructing access.
Evidence:
1)1st to 7 defendants are restrained by a permanent prohibitory injunction from trespassing into plaint A schedule property and preventing the free ingress and egress of the 1st plaintiff or his family.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from obstructing the employees of the 2nd plaintiff from accessing the B schedule property.
Evidence:
2)1st to 7 defendants are restrained by a permanent prohibitory injunction from trespassing into plaint B schedule property and preventing or obstructing the free ingress and egress of the employees of the 2nd plaintiff to plaint B schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from obstructing construction and marketing at the C schedule property.
Evidence:
3)1st to 7 defendants are restrained by a permanent prohibitory injunction from trespassing into plaint C schedule property and cause any obstruction to the construction as well as marketing work progressing therein.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay the costs of the suit to plaintiffs.
Evidence:
4)Defendants are directed to pay costs of the suit to plaintiffs.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes Mr. Mohammed Rafi T.M. to act on behalf of the plaintiff in relation to the case.
Reference:
Ext.A1