Case between Tomy C Augustine vs Shyno Ninan Jacob et al regarding permanent prohibitory injunction

Case Summary

The case involves Tomy C Augustine suing various defendants for a permanent prohibitory injunction to prevent them from evicting him from his residence. The plaintiff claims that the defendants have threatened to forcibly evict him and his family from the property they reside in.

Judgment Outcome

Plaintiff Won

Interim Order

The suit has been decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants. This judgment stops the defendants from evicting the plaintiff and his family from their residence.

Judgment Favored

Plaintiff

Relief Granted

A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing into the plaint schedule property and building therein.

Case Type

Civil Suit

Final Judgment

No

The suit has been decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants. This judgment stops the defendants from evicting the plaintiff and his family from their residence.

Why Plaintiff Won:
The evidence of the plaintiff was unchallenged and demonstrated the defendants' intention to evict him unlawfully.

Losing Side's Weaknesses:
The evidence of the plaintiff was unchallenged and demonstrated the defendants' intention to evict him unlawfully.

Supporting Evidence

The evidence of plaintiff through proof affidavit would show that defendants are attempting to evict the plaintiff from plaint schedule house and commit waste in the plaint schedule property.

Judgment Evidence:

In the result, the suit is decreed as follows: A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing into the plaint schedule property and building therein, evicting plaintiff and his family forcibly therefrom, interfering with the peaceful enjoyment of plaintiff in the plaint schedule property, committing waste therein and obstructing the right of plaintiff over plaint schedule property and house therein.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Tomy C Augustine
Party Age: 52
Relation: S/o

Party Role: Defendant
Party Name: Shyno Ninan Jacob
Party Age: 40
Relation: S/o

Party Role: Defendant
Party Name: Fr. Ninan
Party Age: 65
Relation: S/o

Party Role: Defendant
Party Name: Amal A Markose
Party Age: 30
Relation: S/o

Party Role: Defendant
Party Name: Mariamma
Party Age: 53
Relation: W/o

Party Role: Defendant
Party Name: Pramod Soman
Party Age: 35
Relation: S/o

Plaintiffs Documents

License Agreement dated 08.02.2010

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sayyed Alikhan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Ramees Kassim
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Jeena Raji
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sajayan Jacob
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Ameena Surayya Salim
Appearance Type: Main Counsel

Reliefs

Relief Type: Permanent Injunction

Outcome: Granted

Description:

A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing into the plaint schedule property and building therein.

Evidence:

In the result, the suit is decreed as follows: A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing into the plaint schedule property and building therein, evicting plaintiff and his family forcibly therefrom, interfering with the peaceful enjoyment of plaintiff in the plaint schedule property, committing waste therein and obstructing the right of plaintiff over plaint schedule property and house therein.

Documents & Evidence

Document Type: License Agreement

Submitted By: Plaintiff

Relevance:

This document shows that the plaintiff is residing in the building in plaint schedule property.

Reference:

Ext.A1

Case Classification