Case Summary
The case involves Shinil Jose as the plaintiff claiming that the defendants trespassed into his property and threatened him, affecting his peaceful life. The plaintiff seeks a decree of permanent prohibitory injunction against the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff and decreed the suit with costs, restraining the defendants from trespassing into the property in question.
Why Plaintiff Won:
The plaintiff established a case in his favor with undisputed evidence as the defendants were absent.
The plaintiff established a case in his favor with undisputed evidence as the defendants were absent.
Losing Side's Weaknesses:
The plaintiff established a case in his favor with undisputed evidence as the defendants were absent.
The plaintiff established a case in his favor with undisputed evidence as the defendants were absent.
Supporting Evidence
On a perusal of plaint, proof affidavit and documents the plaintiff has established a case in his favour. Since, the defendants are proceeded exparte, the case of the plaintiff stands unchallenged and undisputed.
Judgment Evidence:
In the result, the suit is decreed with costs. The defendants, their men, agents and workers are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- SHINIL @ DEVASYA @ SHINIL JOSE
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- SHEEBA @ MARIYAM @ SHEEBA THOMAS
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- LIYA THOMAS
- Party Age
- 26
- Relation
- D/o
Plaintiffs Documents
Certified copy of Partition Deed No. 1312/1995, Basic Tax Receipt, Possession Certificate, Ownership Certificate, Copy of Building Tax Receipt, Surveyor Plan.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants from trespassing.
Evidence:
The defendants, their men, agents and workers are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Document establishing property ownership.
Reference:
Ext.A1
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Document proving tax payment related to the property.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Document confirming the plaintiff's possession of the property.
Reference:
Ext.A3
Document Type:
Copy of Possession Certificate
Submitted By:
Plaintiff
Relevance:
Another copy of document confirming the plaintiff's possession.
Reference:
Ext.A4
Document Type:
Copy of Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Document establishing the ownership of the property.
Reference:
Ext.A5
Document Type:
Copy of building tax receipt
Submitted By:
Plaintiff
Relevance:
Document providing proof of tax payment for the building.
Reference:
Ext.A6
Document Type:
Surveyor plan
Submitted By:
Plaintiff
Relevance:
Document showing the survey details of the property.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Unauthorized occupation
Case Code
Case between SHINIL @ DEVASYA @ SHINIL JOSE vs SHEEBA @ MARIYAM @ SHEEBA THOMAS et al regarding permanent prohibitory injunction.
Case Code Year
Case between SHINIL @ DEVASYA @ SHINIL JOSE vs SHEEBA @ MARIYAM @ SHEEBA THOMAS et al regarding permanent prohibitory injunction.