Case Summary
Petition filed by St.Peters and St.Pauls Orthodox Syrian Church and others seeking a permanent prohibitory injunction and consequential reliefs regarding properties in Puthencruz Village. Dispute involves ownership and possession of land with coconut trees.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and consequential reliefs
Case Type
Petition under Order 39, Rule I of the CPC
Final Judgment
No
The court granted the relief of permanent prohibitory injunction and consequential reliefs sought by the plaintiffs.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- St.Peters and St.Pauls Orthodox Syrian Church, Puthencruz
- Relation
- null
- Party Role
- Plaintiff
- Party Name
- Fr.Jithu Mathew
- Party Age
- 36
- Relation
- Vicar
- Party Role
- Plaintiff
- Party Name
- Gladson K Chacko
- Party Age
- 62
- Relation
- Trustee
- Party Role
- Plaintiff
- Party Name
- Others
- Relation
- null
- Party Role
- Defendant
- Party Name
- Mary Stephen
- Party Age
- 65
- Relation
- null
- Party Role
- Defendant
- Party Name
- Ken Kurian
- Party Age
- 35
- Relation
- null
- Party Role
- Defendant
- Party Name
- Others
- Relation
- null
Plaintiffs Documents
Kanam Assignment deed No.4643/2013, Tax receipt
Defendants Documents
Copy of judgment in OS No: 178/2002 of the Munsiff Court, Perumbavoor, various reports and letters
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paul K Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hybin Jose P.P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Babu T Cherian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
Decree of permanent prohibitory injunction sought by plaintiffs
Evidence:
The suit is filed by the plaintiffs seeking a decree of permanent prohibitory injunction
Documents & Evidence
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Evidence provided verbally by the plaintiffs
Reference:
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Title deeds of the properties owned by the plaintiff church
Reference:
Ext.A1 to A5
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipts of the defendant properties
Reference:
Ext.B1, Ext.B2
Document Type:
Location Certificate
Submitted By:
Defendant
Relevance:
Location certificates issued by the Village Officer
Reference:
Ext.B3, Ext.B4
Document Type:
Judgment Copy
Submitted By:
Defendant
Relevance:
Copy of judgment in a previous court case
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Report from the commissioner in a previous court case
Reference:
Ext.B6
Document Type:
RTI Act Reports and Letters
Submitted By:
Defendant
Relevance:
Various reports and letters received under RTI Act
Reference:
Ext.B7 to B15
Document Type:
Commission Report and Sketch
Submitted By:
Court
Relevance:
Commission report and rough sketch prepared by the advocate commissioner
Reference:
Ext.C1, Ext.C1(a)
Case Classification
Case Type
Petition under Order 39, Rule I of the CPC
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between St.Peters and St.Pauls Orthodox Syrian Church, Puthencruz et al vs Mary Stephen et al regarding permanent prohibitory injunction and consequential reliefs
Case Code Year
Case between St.Peters and St.Pauls Orthodox Syrian Church, Puthencruz et al vs Mary Stephen et al regarding permanent prohibitory injunction and consequential reliefs