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O.S 79/2024

Case between Sivasankaran A.N. vs Saramma Mathew et al regarding permanent prohibitory injunction.

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smitha Susan Mathew
Order Date
2025-07-31
Duration
approximately-1 year 18 days
Case Code No.
79
Case Closed
Thu, 07/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Sivasankaran A.N. and Biju A.S. are the plaintiffs seeking a permanent prohibitory injunction against Saramma Mathew, T.M. Mathew, and Aleetta Elsa Biji. The plaintiffs allege that the defendants attempted to unlawfully take possession of their properties and modify them without authorization.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants are permanently restrained from trespassing on the plaintiffs' properties and making unauthorized alterations. The plaintiffs are also entitled to recover the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against trespassing, altering property, and mining rocks.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are permanently restrained from trespassing on the plaintiffs' properties and making unauthorized alterations. The plaintiffs are also entitled to recover the costs of the suit.
Why Plaintiff Won:
Evidence showed that the defendants did not hand over the original document to the plaintiffs.
Losing Side's Weaknesses:
Evidence showed that the defendants did not hand over the original document to the plaintiffs.
Supporting Evidence
The evidence remains unrebutted; the defendants did not appear before the court.

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, Sale Deed No.2214/1995, Sale Deed No.2569/1995, tax receipts, cheques for advance sale consideration.
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:
The defendants are restrained from trespassing on the plaint schedule properties and altering their nature.
Evidence:
Hence considering the evidence available, the plaintiffs are entitled for a decree as sought for.
Relief Type: Cost of the suit
Outcome: Granted
Description:
Plaintiffs are entitled to get the cost of the suit from defendants and their assets.
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:
It establishes ownership of plaint schedule item No.1 property by the 1st plaintiff's late wife, Leelamma.
Reference:
Ext.A1
Document Type: Certified copy of Sale Deed
Submitted By: Plaintiff
Relevance:
It supports the claim of the 2nd plaintiff regarding ownership of plaint schedule item No.2 property.
Reference:
Ext.A2
Document Type: Certified copy of Sale Deed
Submitted By: Plaintiff
Relevance:
It validates the ownership of plaint schedule item No.3 property by the son of the 1st plaintiff.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
It indicates the payment of tax for the plaint schedule properties.
Reference:
Ext.A4
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
It confirms tax payment related to plaint schedule properties.
Reference:
Ext.A4(a)
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
It proves tax payment for one of the plaint schedule properties.
Reference:
Ext.A4(b)
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
It is a cheque issued as advance sale consideration, which was later dishonoured.
Reference:
Ext.A5
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
It is another cheque issued as advance sale consideration, which was also dishonoured.
Reference:
Ext.A5(a)
Document Type: Copy of statement of account
Submitted By: Plaintiff
Relevance:
It provides financial details related to the 2nd plaintiff's account during a specific period.
Reference:
Ext.A6
Document Type: Photocopy of agreement for sale
Submitted By: Plaintiff
Relevance:
It outlines the agreement related to the sale of the plaint schedule properties, which is subject to proof.
Reference:
Ext.A7

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Trespass
Case Code
O.S
Case Code Year
2024

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour

Quick Facts

Location
Kanjirappally
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Fri, 01/26/2024 - 12:00
Case Closed
Thu, 07/31/2025 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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