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O.S. No. 307/2018

Case between Smitha Nursery and Technical Training Institute et al vs R. Sivasankarapillai regarding perpetual injunction

Court
THE MUNSIFF COURT, PERUMBAVOOR
Judge
Smt. Alshari A.
Order Date
2025-03-12
Duration
7 years
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, including Smitha Nursery and its director Ammini Mathew, are involved in a legal dispute with the defendant, R. Sivasankarapillai, who is accused of wrongfully interfering with the institution. The case seeks a perpetual injunction to prevent the defendant from trespassing or interfering with the management of the institution.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit, granting the plaintiffs a perpetual injunction against the defendant, preventing him from trespassing or interfering in the institution's management.
Judgment Favored
Plaintiff
Relief Granted
Perpetual injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, granting the plaintiffs a perpetual injunction against the defendant, preventing him from trespassing or interfering in the institution's management.
Why Plaintiff Won:
The evidence presented by the plaintiffs, including unchallenged documents, supported their claim.
Losing Side's Weaknesses:
The evidence presented by the plaintiffs, including unchallenged documents, supported their claim.
Supporting Evidence
The documents marked as Ext.A1 to A4 proves the case of the plaintiffs.

Judgment Evidence:

In the result, the suit is decreed with costs as follows:- The defendant is restrained from trespassing into the plaint schedule property or interfere in the management or ruling of the 1st plaintiff institution or obstruct the director Ammini Mathew from managing the affairs of the 1st plaintiff institution or cause any destruction to the plaint schedule property by way of perpetual injunction.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Smitha Nursery and Technical Training Institute
Relation
represented by its Director
Party Role
Plaintiff
Party Name
Bessy Mathew
Party Age
49
Relation
S/o.
Party Role
Defendant
Party Name
R. Sivasankarapillai
Party Age
55
Relation
S/o.
Plaintiffs Documents
Certified copy of the sale deed No. 4309/1983, Copy of the bylaw, Copy of the tax receipt dated 27/09/2002, Copy of the building tax receipt
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
G. Govindan Nair
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K.O. Santhosh
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Plaintiffs sought perpetual injunction against the defendant's interference with the management of the institution.
Evidence:
Hence, I find that the plaintiffs are entitled for the relief of perpetual injunction as prayed for.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of the sale deed proving ownership of the property by the first plaintiff.
Reference:
Ext.A1
Document Type: Bylaw
Submitted By: Plaintiff
Relevance:
Copy of the bylaw related to the plaintiff institution.
Reference:
Ext.A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Copy of the tax receipt issued by Vazhakkulam Village Office supporting the financial standing of the institution.
Reference:
Ext.A3
Document Type: Building Tax Receipt
Submitted By: Plaintiff
Relevance:
Copy of the building tax receipt further establishing the legitimacy of the institution's operations.
Reference:
Ext.A4
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report submitted by Adv. E.G. Regitha relevant to the findings of the case.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Rough sketch submitted by Adv. E.G. Regitha that accompanies the commission report.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Smitha Nursery and Technical Training Institute et al vs R. Sivasankarapillai regarding perpetual injunction
Case Code Year
Case between Smitha Nursery and Technical Training Institute et al vs R. Sivasankarapillai regarding perpetual injunction

Quick Facts

Location
Perumbavoor
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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