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O.S. No. 899/2017

Case between Sony K Thomas vs Sushama.P.K et al regarding permanent prohibitory injunction.

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Smt. Reeja R. Nair
Order Date
2025-08-23
Duration
approximately-8 years 4 months 23 days

Judgement document from eCourt website

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Case Summary

Sony K Thomas filed a suit against Sushama.P.K and her daughter Vinitha.P.R seeking a permanent prohibitory injunction to prevent their alleged forceful eviction from the rented property. The defendants admitted they had no intention to evict the plaintiff except through due process of law.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed a permanent prohibitory injunction against the defendants restraining them from forcibly evicting the plaintiff from the rented property or interfering with the peaceful enjoyment of the premises.
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction restraining the defendants from forcefully evicting the plaintiff.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendants admitted their intention to evict was only through due process of law, leading to the court's decision to grant the injunction.

Judgment Evidence:

Hence this court is of the view that no purpose will be served in proceeding further with this case. Considering the fact that there remain no further issues to be adjudicated in this case, the suit is decreed as follows:- (i) A decree of permanent prohibitory injunction is passed restraining the defendants, their men or agents or anybody acting under them from forcefully evicting the plaintiff from the plaint schedule building or from doing anything detrimental to the peaceful function of his super market business and enjoyment of said building, otherwise than by due process of law.

Parties Involved

Plaintiffs

Sony K Thomas (41 years) Kannampallil House, Silver Lane, Ashoka Road, Kaloor, Kochi-682 017, Ernakulam District.

Defendants

Sushama.P.K (66 years) Door No. 70/1785, Pavakulath House, Aashoka Road, Kaloor, Kochi-682 017. Vinitha.P.R (45 years) Door No. 70/1785, Pavakulath House, Aashoka Road, Kaloor, Kochi-682 017.

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
A decree of permanent prohibitory injunction is passed restraining the defendants from forcefully evicting the plaintiff.
Evidence:
Hence this court is of the view that no purpose will be served in proceeding further with this case. Considering the fact that there remain no further issues to be adjudicated in this case, the suit is decreed as follows: A decree of permanent prohibitory injunction is passed restraining the defendants, their men or agents or anybody acting under them from forcefully evicting the plaintiff from the plaint schedule building or from doing anything detrimental to the peaceful function of his super market business and enjoyment of said building, otherwise than by due process of law.

Documents & Evidence

Quick Facts

Location
Ernakulam
Case Filed
Sat, 04/01/2017 - 12:00
Outcome Confidence
90%

Involved Entities

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