Case Summary
Shyam Mohan, the plaintiff, is seeking a permanent prohibitory injunction against Jaya K M and Shihab A A, the defendants, to prevent them from forcibly evicting him from the property he occupies. The plaintiff claims to be a tenant in possession and alleges threats of eviction from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from forcibly evicting plaintiffs
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiffs established their case through unchallenged evidence.
Plaintiffs established their case through unchallenged evidence.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiffs from plaint schedule property. 2) Defendants are directed to pay costs of the suit to plaintiffs.
Parties Involved
Plaintiffs
Shyam Mohan (34 years)
Flat No. B4, 2nd Floor, Bahiya Emporis, Ponninchira Road, Edappally Village, Elamakkara P O, Ernakulam, Pin- 682026
Defendants
Jaya K M (51 years)
Kattathara House, Kongoorpally P O, Madambi, Koonammavu, Ernakulam District, Pin- 683518
Shihab A A (Age not specified years)
Areepurathu House, Puthenchira Post, Kunnatheri, Thrissur, Pin- 680682
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiffs from plaint schedule property.
Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiffs from plaint schedule property.
Relief Type:
Cost
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to plaintiffs.
Evidence:
2) Defendants are directed to pay costs of the suit to plaintiffs.
Documents & Evidence
Document Type:
Mortgage Deed
Submitted By:
Plaintiff
Relevance:
Ext.A1 would show that plaint schedule property of 1st defendant is mortgaged to plaintiffs for 11 months and 1st plaintiff paid Rs.6,50,000/- as security to 1st defendant.
Reference:
Ext.A1
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Ext.A2 is the copy of complaint dated 21.11.2022 before the Sub Inspector of Police Elamakkara.
Reference:
Ext.A2
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
Ext.A3 is the acknowledgment dated 21.11.2022 issued from commissioner of Police Ernakulam.
Reference:
Ext.A3
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Ext.A4 is the copy of plaint in OS1185/2022 before the Munsiff court-III, Ernakulam.
Reference:
Ext.A4
Document Type:
Report and Rough Sketch
Submitted By:
Court
Relevance:
Exts.C1 and C1(a) are the report and rough sketch submitted by the Advocate commissioner.
Reference:
Ext.C1, C1(a)