Case Summary
The plaintiffs, Sreejaya and her daughter Binitha Krishnan, are seeking protection from forceful eviction by the defendants, Jayakumar and Bindu Jayakumar. They claim the defendants are attempting to evict them from property owned by the husband of the first plaintiff, Mr. Baby Krishnan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against forceful eviction
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction in favor of the plaintiffs. The defendants are restrained from forcefully evicting the plaintiffs from the plaint schedule building.
Why Plaintiff Won:
The plaintiffs established their case through unchallenged oral and documentary evidence.
The plaintiffs established their case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Through the unchallenged oral and documentary evidence the plaintiffs have established their case. They have specifically raised an apprehension of forceful eviction by the defendants.
Judgment Evidence:
In the result, suit is decreed as follows: 1. A decree of permanent prohibitory injunction is granted in favour of the plaintiffs restraining the defendants from forcefully evicting the plaintiffs from the plaint schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreejaya
- Party Age
- 47
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Binitha Krishnan
- Party Age
- 21
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jayakumar
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindu Jayakumar
- Party Age
- 45
Plaintiffs Documents
Order in C.M.P. 2292/16 in M.C. 45/16, Acknowledgment Receipt of Petition issued from Pallikkal Police Station, Certified copy of judgment in O.P. (HMA) No. 35/2017 of the Hon’ble Family Court, Attingal.
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.K. Jayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is granted in favour of the plaintiffs restraining the defendants from forcefully evicting the plaintiffs from the plaint schedule building.
Evidence:
In the result, suit is decreed as follows: 1. A decree of permanent prohibitory injunction is granted in favour of the plaintiffs restraining the defendants from forcefully evicting the plaintiffs from the plaint schedule building.
Relief Type:
Costs
Outcome:
Not Decided
Description:
No order as to costs was made.
Evidence:
There is no order as to costs.
Documents & Evidence
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Order in C.M.P. 2292/16 in M.C. 45/16, relevant for establishing prior protection.
Reference:
Ext.A1
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment receipt of petition issued from Pallikkal Police Station.
Reference:
Ext.A2
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment receipt of petition issued from Pallikkal Police Station dated 13.05.2019.
Reference:
Ext.A3
Document Type:
ESIC Card
Submitted By:
Plaintiff
Relevance:
ESIC card of the first plaintiff, used to establish identity.
Reference:
Ext.A4
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of judgment in O.P.(HMA) No. 35/2017 of the Hon'ble Family Court, relevant to domestic violence claims.
Reference:
Ext.A5
Document Type:
Copy of witness list
Submitted By:
Plaintiff
Relevance:
Copy of witness list in O.P. 35/2017, relevant for the proceedings.
Reference:
Ext.A6
Document Type:
Copy of Petition
Submitted By:
Plaintiff
Relevance:
Copy of petition in O.P.1601/2019, part of supporting documents.
Reference:
Ext.A7
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of judgment in O.P.(Others) No. 1601/2019 of the Hon'ble Family Court, relevant to ongoing legal status.
Reference:
Ext.A8
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Certified copy of decree in O.P.(Others) No. 1601/2019 of the Hon'ble Family Court.
Reference:
Ext.A9
Document Type:
Certified copy of Petition
Submitted By:
Plaintiff
Relevance:
Certified copy of petition in M.C. 45/16 submitted before the Hon'ble JFMC, relevant for context.
Reference:
Ext.A10
Document Type:
Copy of Petition
Submitted By:
Plaintiff
Relevance:
Copy of petition filed before the Hon'ble Judicial First Class Magistrate Court-II, Attingal.
Reference:
Ext.A11
Document Type:
Copy of Summons
Submitted By:
Plaintiff
Relevance:
Copy of summons, part of legal process.
Reference:
Ext.A12
Document Type:
Copy of Application
Submitted By:
Plaintiff
Relevance:
Copy of Application BA No. 3740/2019 before the Hon'ble High Court of Kerala, relevant for bail considerations.
Reference:
Ext.A13
Document Type:
Original notice
Submitted By:
Plaintiff
Relevance:
Original notice sent regarding expelling the plaintiffs from the plaint schedule property.
Reference:
Ext.A14
Document Type:
Original Reply Notice
Submitted By:
Plaintiff
Relevance:
Original office copy of reply notice to the above-mentioned notice.
Reference:
Ext.A15
Document Type:
Certified copy of final report
Submitted By:
Plaintiff
Relevance:
Certified copy of the final report in C.C. 801/2019 of Hon'ble JFMC, part of case evidence.
Reference:
Ext.A16
Document Type:
Certified copy of final report
Submitted By:
Plaintiff
Relevance:
Certified copy of the final report in C.C. 2809/2020 of Hon'ble JFMC.
Reference:
Ext.A17
Document Type:
Certified Copy of Crime
Submitted By:
Plaintiff
Relevance:
Certified Copy of Crime No. 1018/2019 of Pallikkal Police Station.
Reference:
Ext.A18
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Forceful eviction
Case Code
Case between Sreejaya et al vs Jayakumar et al regarding forceful eviction from property
Case Code Year
Case between Sreejaya et al vs Jayakumar et al regarding forceful eviction from property