Case Summary
The plaintiffs, P.J.Jacob and Sosamma Jacob, are seeking a permanent prohibitory injunction against the defendant, Aswathy Shaji, who has made unlawful demands and threatened them regarding their son's alleged relationship with her. The defendant has visited the plaintiffs' property multiple times, causing them distress and fear of unlawful trespass.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant her men and agents are restrained from trespassing into the plaint schedule property and from interfering with the peaceful possession of plaintiffs over the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, restraining the defendant from trespassing into their property and from interfering with their peaceful possession.
Why Plaintiff Won:
The affidavit and documents produced by the plaintiffs satisfactorily proved their case regarding the unlawful demands and threats made by the defendant.
The affidavit and documents produced by the plaintiffs satisfactorily proved their case regarding the unlawful demands and threats made by the defendant.
Losing Side's Weaknesses:
The affidavit and documents produced by the plaintiffs satisfactorily proved their case regarding the unlawful demands and threats made by the defendant.
The affidavit and documents produced by the plaintiffs satisfactorily proved their case regarding the unlawful demands and threats made by the defendant.
Supporting Evidence
The affidavit and documents would satisfactorily prove the plaintiff's case. Hence, the plaintiff is entitled to a decree as sought for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. Defendant her men and agents are restrained from trespassing into the plaint schedule property and from interfering with the peaceful possession of plaintiffs over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.J.Jacob
- Party Age
- 71
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sosamma Jacob
- Party Age
- 67
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Aswathy Shaji
- Party Age
- 28
- Relation
- D/o
Plaintiffs Documents
Original Sale deed no. 899/2021 of Maradu SRO, Basic tax receipt bearing Tandapper no. 34011 issued by Poonithura village office, Receipt bearing no. R-C070100-25100563 issued by Kochi Municipal Corporation
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paul Dalin
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jerome P.G
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Rahib K.Y
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ajmal Khan C.P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant and her agents are restrained from trespassing into the plaint schedule property.
Evidence:
In the result, the suit is decreed as follows: Defendant her men and agents are restrained from trespassing into the plaint schedule property and from interfering with the peaceful possession of plaintiffs over the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiffs' ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Serves as additional evidence of the plaintiffs' ownership.
Reference:
Ext.A2
Document Type:
Municipal Receipt
Submitted By:
Plaintiff
Relevance:
Further supports the plaintiffs' claims to ownership.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Marked subject to proof but not considered due to lack of subsequent proof.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between P.J.Jacob et al vs Aswathy Shaji regarding permanent prohibitory injunction
Case Code Year
Case between P.J.Jacob et al vs Aswathy Shaji regarding permanent prohibitory injunction