Case Summary
The plaintiffs, A.G. Xavier and Judy Xavier, are involved in a suit against the defendants, Omana Charly and Jinil, regarding forceful eviction. The court deemed that the suit could be decreed based on the defendants' undertaking to not evict the plaintiffs except under due process of law.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Restraining the defendants from forcefully evicting the plaintiffs
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit to restrain the defendants from forcefully evicting the plaintiffs from the property without due process of law.
Why Plaintiff Won:
The defendants undertook not to evict the plaintiffs except under due process of law.
The defendants undertook not to evict the plaintiffs except under due process of law.
Losing Side's Weaknesses:
The defendants undertook not to evict the plaintiffs except under due process of law.
The defendants undertook not to evict the plaintiffs except under due process of law.
Supporting Evidence
The learned counsel for the defendant submits that she has already undertaken in the written statement that she will not forcefully evict the plaintiffs except under due process of law and suit can be decreed.
Judgment Evidence:
In the result, the suit is decreed restraining the defendants and their men from forcefully evicting or dispossessing the plaintiffs from the plaint schedule building, otherwise than due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.G. Xavier
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Judy Xavier
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Omana Charly
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jinil
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajagopalan A. M.N.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manmadan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandhya C. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- R. Rajesh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Dileep Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Tesmy Varghese
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Restraining the defendants and their men from forcefully evicting or dispossessing the plaintiffs from the plaint schedule building, otherwise than due process of law.
Evidence:
In the result, the suit is decreed restraining the defendants and their men from forcefully evicting or dispossessing the plaintiffs from the plaint schedule building, otherwise than due process of law.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between A.G. Xavier et al vs Omana Charly et al regarding forceful eviction
Case Code Year
Case between A.G. Xavier et al vs Omana Charly et al regarding forceful eviction