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
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory and mandatory injunction; removal of illegal construction.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs. The defendants are restrained from continuing illegal construction and are required to remove such construction.
Why Plaintiff Won:
Plaintiffs were found to be in possession of the property and the defendants' actions were deemed detrimental to the plaintiffs' rights.
Plaintiffs were found to be in possession of the property and the defendants' actions were deemed detrimental to the plaintiffs' rights.
Losing Side's Weaknesses:
Plaintiffs were found to be in possession of the property and the defendants' actions were deemed detrimental to the plaintiffs' rights.
Plaintiffs were found to be in possession of the property and the defendants' actions were deemed detrimental to the plaintiffs' rights.
Supporting Evidence
From the evidence of the PW1, it can be gathered that the plaintiffs are in possession of the plaint A Schedule and Plaint B Schedule properties.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Saju John
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jancy Saju
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Molly Unni
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Unni Joseph
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vipin Unni
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
No documents marked on the side of the plaintiffs.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jeejan T
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreeraj K.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Syam K.P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Varghese M.C
- Appearance Type
- Assisting Counsel
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
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 Saju John et al vs Molly Unni et al regarding permanent prohibitory and mandatory injunction
Case Code Year
Case between Saju John et al vs Molly Unni et al regarding permanent prohibitory and mandatory injunction