Case Summary
Sivasankaran A.N. and Biju A.S. are plaintiffs seeking a permanent prohibitory injunction against Saramma Mathew, T.M. Mathew, and Aleetta Elsa Biji regarding property disputes. The plaintiffs allege the defendants are attempting to trespass on their properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from trespassing on the plaint schedule properties.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs by granting a permanent prohibitory injunction against the defendants regarding the plaint schedule properties. The defendants are also ordered to pay the costs of the suit.
Why Plaintiff Won:
The evidence showed that the defendants did not return the original agreement for sale and had no legal standing to claim the properties.
The evidence showed that the defendants did not return the original agreement for sale and had no legal standing to claim the properties.
Losing Side's Weaknesses:
The evidence showed that the defendants did not return the original agreement for sale and had no legal standing to claim the properties.
The evidence showed that the defendants did not return the original agreement for sale and had no legal standing to claim the properties.
Supporting Evidence
The evidence remain unrebutted. The defendants did not appear before the court. They are not ready to hand over the original agreement for sale to the plaintiffs. Hence considering the evidence available, the plaintiffs are entitled for a decree as sought for.
Judgment Evidence:
In the result the suit is decreed as follows:- 1 The defendants are restrained by a decree of permanent prohibitory injunction from trespassing on the plaint schedule properties, altering the nature of the property, forcibly taking possession of the property, destroying the boundaries of the property and mining the rocks therefrom.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sivasankaran A.N.
- Party Age
- 80
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Biju A.S.
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saramma Mathew
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- T.M. Mathew
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aleetta Elsa Biji
- Party Age
- 22
- Relation
- D/o
Plaintiffs Documents
Certified copies of Sale Deed No. 3511/1995, 2214/1995, 2569/1995, tax receipts, cheques for Rs. 5 Lakhs each.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Samsan Joseph
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing on the plaint schedule properties.
Evidence:
The defendants are restrained by a decree of permanent prohibitory injunction from trespassing on the plaint schedule properties, altering the nature of the property, forcibly taking possession of the property, destroying the boundaries of the property and mining the rocks therefrom.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to cost of the suit.
Evidence:
Plaintiffs are entitled to get the cost of the suit from defendants and their assets.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of property by plaintiff.
Reference:
Ext.A1
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of property by plaintiff.
Reference:
Ext.A2
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of property by plaintiff.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows tax payment for property by plaintiff.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows tax payment for property by plaintiff.
Reference:
Ext.A4(a)
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows tax payment for property by plaintiff.
Reference:
Ext.A4(b)
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Represents the advance sale consideration.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Represents the advance sale consideration.
Reference:
Ext.A5(a)
Document Type:
Copy of statement of account
Submitted By:
Plaintiff
Relevance:
Supports the transaction evidence.
Reference:
Ext.A6
Document Type:
Photocopy of agreement for sale
Submitted By:
Plaintiff
Relevance:
Details the agreement made regarding property sale.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2024
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour