Case Summary
The petition was filed by Saina Joy and Joy Markose against Jeo George to restrain the defendant from causing obstruction to the use of a bathroom as outlined in the sale deed. The petitioner claimed that the defendant had removed essential fixtures, interfering with their right to use the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents are restrained from causing obstructions to the user of the bathroom/toilet as provided in sale deed no. 2207/21.
Case Type
Injunction
Final Judgment
No
The court granted the petitioner's request to restrain the respondent from obstructing the use of a bathroom/toilet as per the sale deed.
Why Plaintiff Won:
The petitioner established their right to use the common bathroom as per the sale deed.
The petitioner established their right to use the common bathroom as per the sale deed.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner could establish that the petitioner has right to use the common bathroom/ toilet.
Judgment Evidence:
In the result, the respondents are restrained from causing obstructions to the user of the bathroom/ toilet as provided in sale deed no. 2207/21.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saina Joy
- Party Age
- 54
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Joy Markose
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jeo George
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Sale Deed no. 2207/21, certified copy of sale deed no. 2207/21.
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Binoy Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dimple Raj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Restrain the respondents from causing obstructions to the user of the bathroom/toilet as provided in sale deed no. 2207/21.
Evidence:
Hence it can be held that the petitioner is entitled to the relief as claimed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no. 2207/21, establishing right to use common bathroom.
Reference:
Ext.A1
Document Type:
Report and Plan
Submitted By:
Court
Relevance:
Report by Advocate Commissioner identifying the common bathroom and its condition.
Reference:
Ext.C1
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
OS
Case Code Year
2025