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O.S. No. 33/2021

Case between Saju John et al vs Molly Unni et al regarding permanent prohibitory and mandatory injunction

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-05-31
Duration
approximately-3 years 6 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

Saju John and Jancy Saju are plaintiffs claiming ownership and possession of certain properties against defendants Molly Unni, Unni Joseph, and Vipin Unni. The plaintiffs allege illegal construction by the defendants causing inconvenience and damage to their property.

Judgment Outcome

Plaintiff Won
Interim Order
The suit was decreed in favor of the plaintiffs. The defendants are restrained from continuing illegal construction and are required to remove such construction.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory and mandatory injunction; removal of illegal construction.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiffs were found to be in possession of the property and the defendants' actions were deemed detrimental to the plaintiffs' rights.

Judgment Evidence:

In the result, suit is decreed as follows: i. Defendants, their agents, their men or servants, are restrained by way of decree of permanent prohibitory injunction from continuing with the illegal construction being done in the Plaint D and E Schedule properties.

Parties Involved

Plaintiffs

Saju John (60 years) Kunnathu House, Kunnath Towers, Perumannoor P.O, Thevara, Kochi – 682 015 Jancy Saju (52 years) Kunnathu House, Kunnath Towers, Perumannoor P.O, Thevara, Kochi –682 015

Defendants

Molly Unni (60 years) Kaithavalappil, Chakkalakkal Road, Kochi – 682 015 Unni Joseph (70 years) Kaithavalappil, Chakkalakkal Road, Kochi­ – 682 015 Vipin Unni (40 years) Kaithavalappil, Chakkalakkal Road, Kochi­ – 682 015

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants, their agents, their men or servants, are restrained by way of decree of permanent prohibitory injunction from continuing with the illegal construction being done in the Plaint D and E Schedule properties and from trespassing into the Plaint A and B schedule properties or from causing any kind of inconvenience or damages to the peaceful enjoyment of the Plaint A and B Schedule Properties by the plaintiffs.
Evidence:
Defendants, their agents, their men or servants, are restrained by way of decree of permanent prohibitory injunction from continuing with the illegal construction being done in the Plaint D and E Schedule properties and from trespassing into the Plaint A and B schedule properties or from causing any kind of inconvenience or damages to the peaceful enjoyment of the Plaint A and B Schedule Properties by the plaintiffs.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Defendants are directed by way of mandatory injunction to demolish and remove the incomplete illegal construction done in the Plaint D and E Schedule properties.
Evidence:
The defendants are directed by way of mandatory injunction to demolish and remove the incomplete illegal construction done in the Plaint D and E Schedule properties.

Documents & Evidence

Quick Facts

Location
Ernakulam
Case Filed
Mon, 05/31/2021 - 12:00
Outcome Confidence
90%

Involved Entities

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