Case Summary
The plaintiffs, Sree Narayana Prathima Sthapana Committee and Satheesan V.P, are seeking a permanent prohibitory injunction against the defendants, SNDP Sakha Yogam No. 1682 and others, who allegedly attempted to trespass on the property where a statue of Sree Narayana Guru is installed. The case revolves around disputes over ownership and possession of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against trespass and illegal activities on plaint C schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants from trespassing into the disputed property and from doing anything injurious to the title and possession of the first plaintiff.
Why Plaintiff Won:
The plaintiffs proved their lawful possession over the disputed property and the defendants failed to substantiate their claims of ownership and possession.
The plaintiffs proved their lawful possession over the disputed property and the defendants failed to substantiate their claims of ownership and possession.
Losing Side's Weaknesses:
The plaintiffs proved their lawful possession over the disputed property and the defendants failed to substantiate their claims of ownership and possession.
The plaintiffs proved their lawful possession over the disputed property and the defendants failed to substantiate their claims of ownership and possession.
Supporting Evidence
Through oral and documentary evidence, plaintiffs have proved to the satisfaction of this court, with the requisite standard of preponderance of probabilities, their lawful possession over plaint schedule properties.
Judgment Evidence:
In the result, the suit is decreed as follows; 1) 1st defendant association, its members and agents including other defendants being its current office bearers are hereby restrained from trespassing into plaint ‘C’ schedule property, committing act of waste therein, proceeding with the construction of any structures therein and from doing anything injurious to the title and possession of the first plaintiff association over plaint ‘C’ schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Narayana Prathima Sthapana committee
- Relation
- represented by its President Rajeev Kavanal
- Party Role
- Plaintiff
- Party Name
- Satheesan V.P
- Party Age
- 60
- Relation
- S/o Parameswaran
- Party Role
- Defendant
- Party Name
- SNDP Sakha Yogam No. 1682
- Relation
- represented by its Secretary, E.S.Shibu
- Party Role
- Defendant
- Party Name
- P.R.Banerji
- Party Age
- 55
- Relation
- S/o (father’s name not known)
- Party Role
- Defendant
- Party Name
- V.R.Asokan
- Party Age
- 60
- Relation
- S/o (father’s name not known)
- Party Role
- Defendant
- Party Name
- V.S.Shibu
- Party Age
- 48
- Relation
- S/o (father’s name not known)
- Party Role
- Defendant
- Party Name
- Shaji Kurunnoth
- Party Age
- 60
- Relation
- S/o (father’s name not known)
Plaintiffs Documents
Certified copy of the Sale Deed no.255/74 of SRO, Tripunithura, Certified copy of the property tax paid receipt no. KL07020504277/2018 of Nadama village.
Defendants Documents
Copy of letter addressed to Registrar of societies, Original minutes book maintained by 1st defendant for the period 25.04.82.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abraham P George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anas C.A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ratheesh M.B
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bejla Mary Bejoy
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ashok B Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.S.Gireesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Riyal Devassey
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abhilash O.U
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arjun R Naik
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Salih P.A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Legith T Kottakkal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs sought a permanent prohibitory injunction against the defendants regarding the plaint C schedule property.
Evidence:
Thus, the point is accordingly found in favour of the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs were entitled to costs of the suit.
Evidence:
I find no special reasons to deviate from the normal rule that costs shall follow the event.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale Deed No. 255/74 of SRO, Tripunithura establishes the ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale agreement executed between the office bearers of the first claimant and C.K.Karunakaran owner of the property supports the claim of the plaintiffs.
Reference:
Ext.A2
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Certified copy of the property tax paid receipt shows the plaintiffs have been paying tax for the property.
Reference:
Ext.A3
Document Type:
Ledger
Submitted By:
Plaintiff
Relevance:
Certified copy of the ledger maintained by the first plaintiff committee during the period 1973-74 provides evidence of the committee's activities.
Reference:
Ext.A4
Document Type:
Various Notices
Submitted By:
Plaintiff
Relevance:
Certified copies of various notices related to the installation of the statue demonstrate the actions of the first plaintiff committee.
Reference:
Ext.A5 to Ext.A8
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Certified copy of the property tax paid receipt for the year 2018 admits the registration status of the property.
Reference:
Ext.A9
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate shows the current holding of the property by the first plaintiff.
Reference:
Ext.A10
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Registration certificate of the first claimant confirms the legal standing of the plaintiff's association.
Reference:
Ext.A11
Document Type:
Mahazar
Submitted By:
Plaintiff
Relevance:
Certified copy of the Mahazar issued by the Special Tahsildar regarding land acquisition shows ongoing administrative actions affecting the property.
Reference:
Ext.A12
Document Type:
Court Judgment
Submitted By:
Plaintiff
Relevance:
True copy of Judgment passed by the Hon’ble High Court in WPC No. 14628/2019 outlines previous legal findings relevant to the case.
Reference:
Ext.A17
Document Type:
Minutes Book
Submitted By:
Defendant
Relevance:
Original minutes book maintained by the 1st defendant supports their claims regarding possession and management of the statue.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed provides crucial factual insights regarding the physical status of the property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Sree Narayana Prathima Sthapana committee et al vs SNDP Sakha Yogam No. 1682 et al regarding permanent prohibitory injunction
Case Code Year
Case between Sree Narayana Prathima Sthapana committee et al vs SNDP Sakha Yogam No. 1682 et al regarding permanent prohibitory injunction