Case Summary
The plaintiffs, Shal Joseph and Annie Joseph, are co-owners of a property and are suing the defendants, Jenson and Jerome, who are their relatives, for attempting to alter a pathway that the plaintiffs claim to own. The plaintiffs seek an injunction to prevent the defendants from making modifications to this pathway.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, finding that the plaintiffs failed to prove their exclusive possession over the pathway in question. The defendants were permitted to maintain the pathway.
Key Reasoning:
The plaintiffs failed to establish their exclusive possession over the plaint schedule pathway.
The plaintiffs failed to establish their exclusive possession over the plaint schedule pathway.
Why Defendant Won:
The plaintiffs failed to establish their exclusive possession over the plaint schedule pathway.
The plaintiffs failed to establish their exclusive possession over the plaint schedule pathway.
Supporting Evidence
The plaintiff failed to prove his exclusive possession over the plaint schedule pathway. The document produced from the side of the plaintiff to establish his title being Ext A2, only pertains to plaint A schedule property.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shal Joseph
- Party Age
- 44
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Annie Joseph
- Party Age
- 67
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jenson
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jerome
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Copy of prior deed no.932/66, Original partition deed no.1090/12, Land tax receipt bearing Tandapper no. 7954 issued by kadamakkudy village office, Original death certificate of Antony Joseph, True copy of FIR no. 481/23 of Varapuzha Police station, Original of the certificate issued by the Branch Manager (I/c) Kanayannur co-operation Agricultural and Rural Development Bank Hd.No.E-326, Cheranelloor Branch
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vijeesh K.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- John Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Joseph Francis
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sabir N.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Angel Gloria V.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Johnson Thomas
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiffs sought a permanent prohibitory injunction against the defendants regarding the alteration of the plaint schedule pathway.
Evidence:
Evidently the plaintiff failed to prove his exclusive possession over the plaint schedule pathway.
Relief Type:
Costs
Outcome:
Refused
Description:
The issue as to costs was raised in the suit.
Evidence:
Thus, the issue as to costs is also found against the plaintiff.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The document is a copy of the prior deed through which the plaintiffs claim title over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The document is a certified copy of the partition deed by which the plaintiff’s father acquired title of plaint A schedule property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document evidences the plaintiffs' possession over the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document is related to the father of the first plaintiff, providing context to the ownership claim.
Reference:
Ext.A4
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
This document relates to a police complaint involving the defendants, offering context to the dispute.
Reference:
Ext.A5
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This document is issued by the Branch Manager, providing additional context regarding the plaintiff's claims.
Reference:
Ext.A6
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 Shal Joseph et al vs Jenson et al regarding permanent prohibitory injunction
Case Code Year
Case between Shal Joseph et al vs Jenson et al regarding permanent prohibitory injunction