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O.S No. 378/2014

Case between Sukumari Gopinath et al vs Rossily Joseph et al regarding injunction for property boundaries

Court
THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-07-31
Duration
approximately-11 years 2 months

Judgement document from eCourt website

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Case Summary

This case involves a dispute over property boundaries and allegations of trespassing. The plaintiffs sought an injunction against the defendants to prevent further interference with their property.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the petition for an injunction, citing that the petitioners did not establish a prima facie case. The plaintiffs were found to have rightful access to the disputed property.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioners failed to provide sufficient evidence to support their claim of exclusive rights to the property.

Judgment Evidence:

In the result, the petition is dismissed.

Parties Involved

Plaintiffs

Rossily Joseph (Age not specified years) Koithara house, Elamkulam, Kadavanthra Annamma Simon (65 years years) 28/3113, Mampily house, Ponneth temple road, Elamkulam, Kadavanthra, Pin – 682 020 Mathen Varghese (Age not specified years) Malayil Iyrookuzhiyil house, Thekke Angadikkal, Chengannoor taluk, Alappuzha District Beena Varghese (Age not specified years) Malayil Iyrookuzhiyil house, Thekke Angadikkal, Chengannoor taluk, Alappuzha District P.Ramanujan (Age not specified years) 306/Sunny Palace, Edappally, Cochin, Pin – 682 024

Defendants

Sukumari Gopinath (Age not specified years) Cheruparambath house, Mattatil Lane, Kadavanthara, Cochin- 20 Deepa Gopinath (Age not specified years) Cheruparambath house, Mattatil Lane, Kadavanthara, Cochin- 20 Gopinatha Menon (Age not specified years) Cheruparambath house, Thekke Angadikkal, Chengannoor taluk, Alappuzha District Ratheesh (Age not specified years) Mundepilly house, ENRWA-56, Kaloor P.O, Gandhi Nagar, Cochin, Pin – 682 017 Dhanya (Age not specified years) Mundepily house, ENRWA-56, Kaloor P.O, Gandhi Nagar, Cochin, Pin – 682 017

Reliefs

Relief Type: Injunction
Outcome: Refused
Description:
The petitioners sought an order of interim prohibitory injunction restraining the respondents from trespassing on a specific property.
Evidence:
Thus, the point is found against the petitioner. The petition is dismissed.

Documents & Evidence

Document Type: Police Complaint
Submitted By: Plaintiff
Relevance:
This document was submitted as a true copy of the complaint filed by the petitioner before the police.
Reference:
Ext.A1
Document Type: Acknowledgment Receipt
Submitted By: Plaintiff
Relevance:
This document was submitted as a true copy of the acknowledgment receipt issued by the police station.
Reference:
Ext.A2
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
These documents are photographs submitted as evidence related to the petition.
Reference:
Ext.A3a-e series
Document Type: Partition Deed
Submitted By: Defendant
Relevance:
This document is a certified copy of the partition deed related to the property in dispute.
Reference:
Ext.B1
Document Type: Commission Report
Submitted By: Court
Relevance:
This report was filed by the Advocate Commissioner and was used in delivering the order.
Reference:
Ext.C1

Quick Facts

Location
Case Filed
Thu, 05/01/2014 - 12:00
Outcome Confidence
80%

Involved Entities

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