O.S No. 532/2023

Case between Santhosh S vs Mary V. G et al regarding permanent prohibitory injunction

Court

THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM

Judge

Rohit Nandakumar

Order Date

2025-11-14

Duration

Case Closed

Fri, 11/14/2025 - 12:00

Judgement document from eCourt website

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Case Summary

Santhosh S filed a suit against Mary V. G and others for a permanent prohibitory injunction to prevent his eviction from a leased property. The plaintiff claims the defendants are trying to forcefully evict him despite a valid tenancy agreement.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed a permanent prohibitory injunction preventing the defendants from evicting the plaintiff and obstructing his peaceful possession of the leased property.

Judgment Favored

Plaintiff

Relief Granted

A decree of permanent prohibitory injunction is passed restraining the defendants from evicting the plaintiff and from causing interference in his possession.

Case Type

Civil Suit

Final Judgment

The court decreed a permanent prohibitory injunction preventing the defendants from evicting the plaintiff and obstructing his peaceful possession of the leased property.

Why Plaintiff Won:
The evidence supported the existence of a tenancy and the undertaking provided by the defendants.

Losing Side's Weaknesses:
The evidence supported the existence of a tenancy and the undertaking provided by the defendants.

Supporting Evidence

From the available records, it is clear that there had been tenancy in respect of the plaint schedule building as between the parties, through the predecessor of the defendants.

Judgment Evidence:

In the result, the suit is decreed as follows: a decree of permanent prohibitory injunction is passed restraining the defendants or their men or agents from evicting the plaintiff from the plaint schedule property, otherwise than under due process of law.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Santhosh S
Party Age: 30
Relation: S/o

Party Role: Defendant
Party Name: Mary V. G
Party Age: 52

Party Role: Defendant
Party Name: Elsy Jose
Party Age: 50

Party Role: Defendant
Party Name: Lissy V.G
Party Age: 45

Party Role: Defendant
Party Name: Mercy Vincent
Party Age: 40

Plaintiffs Documents

License issued by the Corporation of Cochin, Food Safety Compliance Receipt issued by Food Safety and Standards Authority of India, K.S.E.B bill for connection ID 711728, several bills from Kerala Water Authority, computer print out of Statement of Account, Notice of Termination of Tenancy, Petition in RCP 133/2025.

Defendants Documents

Nil

Advocates

Party Role: Plaintiff
Advocate Name: Enoch David Simon Joel
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Karol Mathews Sebastian Alecherry
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: S. Sreedev
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Rony Jose
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Leo Lukose
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Derick Mathai Saji
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: K.K Vinod
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: A.D Shajan
Appearance Type: Main Counsel

Reliefs

Relief Type: Permanent Injunction

Outcome: Granted

Description:

A decree of permanent prohibitory injunction restraining the defendants from evicting the plaintiff from the plaint schedule property, otherwise than under due process of law.

Evidence:

In the result, the suit is decreed as follows:- a. A decree of permanent prohibitory injunction is passed restraining the defendants or their men or agents from evicting the plaintiff from the plaint schedule property, otherwise than under due process of law.

Relief Type: Permanent Injunction

Outcome: Granted

Description:

A decree of permanent prohibitory injunction restraining the defendants from causing interference or obstruction to the peaceful possession and enjoyment of the plaint scheduled property by the plaintiff.

Evidence:

b. A decree of permanent prohibitory injunction is passed restraining the defendants or their men or agents from causing interference or obstruction to the peaceful possession and enjoyment of the plaint scheduled property by the plaintiff, otherwise than by due process of law.

Relief Type: Other

Outcome: Granted

Description:

The parties are directed to suffer their respective costs to the suit.

Evidence:

c. The parties are directed to suffer their respective costs to the suit.

Documents & Evidence

Document Type: License

Submitted By: Plaintiff

Relevance:

License issued by the Corporation of Cochin

Reference:

Ext.A1

Document Type: Food Safety Compliance Receipt

Submitted By: Plaintiff

Relevance:

Food Safety Compliance Receipt issued by Food Safety and Standards Authority of India

Reference:

Ext.A2

Document Type: K.S.E.B bill

Submitted By: Plaintiff

Relevance:

K.S.E.B bill for connection ID 711728

Reference:

Ext.A3