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O.S No. 459/2020

Case between Sojan Augustine vs Nimmy George et al regarding prohibitory injunction from forceful eviction.

Court
I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2024-08-30
Duration
approximately-4 years 29 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Sojan Augustine, a tenant, filed a suit against Nimmy George and Tom George, seeking a permanent prohibitory injunction to prevent their forceful eviction from the property he leased. Disputes arose over the tenancy, with allegations from both parties regarding forgery and mismanagement.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed both O.S. 459/2020 and O.S. 941/2020 but decreed in part the counterclaim, restraining the plaintiff from further trespassing or interfering with the defendants' peaceful possession.
Judgment Favored
Defendant
Relief Granted
Permanent prohibitory injunction restraining the plaintiff from further trespassing or interference.
Case Type
Civil Suit
Final Judgment
No
The court dismissed both O.S. 459/2020 and O.S. 941/2020 but decreed in part the counterclaim, restraining the plaintiff from further trespassing or interfering with the defendants' peaceful possession.
Key Reasoning:
The plaintiff failed to prove tenancy and possession of the property as claimed.
Why Defendant Won:
The plaintiff failed to prove tenancy and possession of the property as claimed.
Supporting Evidence
The plaintiff has failed to prove to the satisfaction of this court that he was a tenant of the defendant, to which he traces his possession in plaint schedule building.

Judgment Evidence:

In the result, O.S. 459/2020 and O.S. 941/2020 are dismissed and counterclaim in O.S. 459/2020 is decreed in part as follows. 1) The plaintiff is restrained from further trespassing or interference to the defendant’s peaceful possession and enjoyment of the counter claim schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sojan Augustine
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
Nimmy George
Relation
W/o
Party Role
Defendant
Party Name
Tom George
Relation
S/o
Plaintiffs Documents
True copy of caveat filed by first defendant, office copy of lawyer notice.
Defendants Documents
Certified copy of FIR in crime no. 597/2020, Certified copy of FIR in crime no. 835/2020.

Advocates

Party Role
Plaintiff
Advocate Name
Joby Jacob Pulickapady
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Dajish John
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Harikrishnan P
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Reji George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
R.P.Sreenivasan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
K.Harigovind Menon
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Manju Mohana
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sai Sankar S
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraint from further trespassing or interference to the defendant’s peaceful possession and enjoyment of the counter claim schedule property.
Evidence:
Defendant is found entitled for the relief of permanent prohibitory injunction, restraining the plaintiff from trespassing or interference to the defendant’s peaceful possession and enjoyment of the counter claim schedule property.
Relief Type: Other
Outcome: Not Decided
Description:
Claims for other reliefs made by the plaintiff.
Evidence:
Plaintiff is found not entitled for the reliefs sought for.

Documents & Evidence

Document Type: Caveat
Submitted By: Plaintiff
Relevance:
True copy of caveat filed by first defendant.
Reference:
Ext.A2
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Office copy of lawyer notice.
Reference:
Ext.A3
Document Type: FIR
Submitted By: Defendant
Relevance:
Certified copy of FIR in crime no. 597/2020.
Reference:
Ext.B1
Document Type: FIR
Submitted By: Defendant
Relevance:
Certified copy of FIR in crime no. 835/2020.
Reference:
Ext.B2

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sojan Augustine vs Nimmy George et al regarding prohibitory injunction from forceful eviction.
Case Code Year
Case between Sojan Augustine vs Nimmy George et al regarding prohibitory injunction from forceful eviction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 01/01/2020 - 12:00
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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