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O.S. No.337 /2021

Case between Sheeba Joseph @ Sheeba Joe vs The Municipal Corporation of Kochi regarding injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-01-09
Duration
approximately-3 years 9 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves Sheeba Joseph who is seeking an injunction against the Municipal Corporation of Kochi to restrain them from obstructing access to her property. She claims that the defendant's construction activities are blocking her right of way and depriving her of light and air.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff regarding the deprivation of access to her property. The defendant was restrained from obstructing the access to the plaintiff's property.
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained from doing any act to deprive the access from B schedule road to A schedule property or to cause obstructions against user of B schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff regarding the deprivation of access to her property. The defendant was restrained from obstructing the access to the plaintiff's property.
Why Plaintiff Won:
The plaintiff successfully established the cause of action regarding the illegal construction activities depriving her access.
Losing Side's Weaknesses:
The plaintiff successfully established the cause of action regarding the illegal construction activities depriving her access.
Supporting Evidence
The existence of plaint B schedule property is evident from Ext. A1 and A2 deeds and also from Ext.A4 location sketch produced by plaintiff.

Judgment Evidence:

In the result, suit is decreed partly. Defendant is restrained from doing any act to deprive the access from B schedule road to A schedule property or to cause obstructions against user of B schedule pathway.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sheeba Joseph @ Sheeba Joe
Party Age
48
Relation
W/o
Party Role
Defendant
Party Name
The Municipal Corporation of Kochi
Relation
represented by
Plaintiffs Documents
Certified copy of Sale deed no. 3968/1/2003, Certified copy of Sale deed no. 3955/1/1991, Property tax receipt issued from Municipal Corporation, Kochi, Location Certificate issued by the Village Officer, Poonithura
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P T Mohankumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
George Cherian Karippaparambil
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Rajesh Cherian Karippaparambil
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Rejitha V P
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Plaintiff sought to restrain the defendant from obstructing access to the B schedule road.
Evidence:
Defendant is restrained from doing any act to deprive the access from B schedule road to A schedule property or to cause obstructions against user of B schedule pathway.
Relief Type: Mandatory Injunction
Outcome: Partly Granted
Description:
Plaintiff sought an order to remove the obstruction caused by the defendant's shed.
Evidence:
The issue No. 3 is found against the plaintiff.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Establishes ownership and possession of the A schedule property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Supports the claim regarding the title of the property.
Reference:
Ext.A2
Document Type: Property Tax Receipt
Submitted By: Plaintiff
Relevance:
Serves as evidence of occupancy and maintenance of the property.
Reference:
Ext.A3
Document Type: Location Certificate
Submitted By: Plaintiff
Relevance:
Provides verification of the property location related to the case.
Reference:
Ext.A4
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Indicates the tax compliance concerning the property.
Reference:
Ext.A5
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
Visual evidence related to the condition and access to the property.
Reference:
Ext.A6
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
Visual evidence related to the condition and access to the property.
Reference:
Ext.A6(a)
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
Visual evidence related to the condition and access to the property.
Reference:
Ext.A6(b)
Document Type: Commissioner Report
Submitted By: Court
Relevance:
Provided factual findings regarding the obstruction claimed by the plaintiff.
Reference:
Ext.C1
Document Type: Photographs
Submitted By: Court
Relevance:
Supporting visual evidence related to the findings of the court.
Reference:
Ext.C1(a1) to C1(a5)
Document Type: Compact Disc
Submitted By: Court
Relevance:
Contains recorded materials relevant to the case.
Reference:
Ext.C1(b)
Document Type: Oral Evidence
Submitted By: Oral evidence
Relevance:
Testimonies provided by the plaintiff's witnesses.
Reference:

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Right of way obstruction
Case Code
Case between Sheeba Joseph @ Sheeba Joe vs The Municipal Corporation of Kochi regarding injunction
Case Code Year
Case between Sheeba Joseph @ Sheeba Joe vs The Municipal Corporation of Kochi regarding injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 03/24/2021 - 12:00
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Municipal Corporation

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