Case Summary
Sebastian Mathew and his wife Jessyamma Sebastian are the plaintiffs filing a counterclaim against Thomas Mathew regarding a property dispute. The plaintiffs allege that the defendant is trespassing on their property and destroying cultivations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the counterclaim defendant from trespassing on the property and committing waste.
Case Type
Counter claim
Final Judgment
No
The court granted a permanent prohibitory injunction to the counterclaim plaintiff against the defendant. The original suit was dismissed as not pressed.
Why Plaintiff Won:
The evidence presented showed the counterclaim plaintiff was the owner and in possession of the property being disputed.
The evidence presented showed the counterclaim plaintiff was the owner and in possession of the property being disputed.
Losing Side's Weaknesses:
The evidence presented showed the counterclaim plaintiff was the owner and in possession of the property being disputed.
The evidence presented showed the counterclaim plaintiff was the owner and in possession of the property being disputed.
Supporting Evidence
The oral and documentary evidence of DW1 would show that counterclaim plaintiff is the owner and in possession of counterclaim schedule property. Her unrebutted evidence shows that counterclaim plaintiff/defendant is trespassing on the counterclaim schedule property, destroying cultivations and committing waste therein.
Judgment Evidence:
In the result, the counterclaim is decreed as follows: A decree of permanent prohibitory injunction is granted restraining the counterclaim defendant/plaintiff from cutting open a new road through counterclaim schedule property, destroying the cultivations in counterclaim schedule property, obstructing the peaceful enjoyment of counterclaim plaintiff over counterclaim schedule property and committing waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sebastian Mathew
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jessiyamma Sebastian
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thomas Mathew
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Will deed No.91/96, Tax receipt dated 16/08/2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joseph Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the counterclaim defendant from cutting open a new road and destroying crops.
Evidence:
The counterclaim is decreed as follows: A decree of permanent prohibitory injunction is granted restraining the counterclaim defendant/plaintiff from cutting open a new road through counterclaim schedule property, destroying the cultivations in counterclaim schedule property, obstructing the peaceful enjoyment of counterclaim plaintiff over counterclaim schedule property and committing waste therein.
Relief Type:
Other
Outcome:
Granted
Description:
Cost of the suit from the counterclaim defendant.
Evidence:
Counterclaim plaintiff is entitled to get the cost of the suit from counterclaim defendant.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Proved ownership of the counterclaim schedule property.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provided evidence of the counterclaim plaintiff's property.
Reference:
Ext.B2
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Prepared by Commissioner as part of the evidence.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Prepared by Commissioner as part of the evidence.
Reference:
Ext.C1(a)
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Prepared by Commissioner as part of the evidence.
Reference:
Ext.C2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Prepared by Commissioner as part of the evidence.
Reference:
Ext.C2(a)
Case Classification
Case Type
Counter Claim
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2020