Case Summary
The case involves Aiswarya Manoj, a minor girl, who is represented by her guardian Omana against her step-mother Anitha Manoj and father Manoj. The suit is for a permanent prohibitory injunction due to continuous mental and physical torture by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are hereby permanently restrained from entering the plaint schedule property and to interfere with the peaceful living of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court found that the defendants had lost all their rights and interests in the plaint schedule property, and therefore, decreed the suit in favor of the plaintiff.
Why Plaintiff Won:
The evidence showed that the defendants had no rights to the property and continuously tortured the plaintiff.
The evidence showed that the defendants had no rights to the property and continuously tortured the plaintiff.
Losing Side's Weaknesses:
The evidence showed that the defendants had no rights to the property and continuously tortured the plaintiff.
The evidence showed that the defendants had no rights to the property and continuously tortured the plaintiff.
Supporting Evidence
Proof Affidavit and evidence adduced by the plaintiff proved the plaint averments. Therefore, the defendants have lost all their rights and interests in the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows: - The defendants are hereby permanently restrained from entering the plaint schedule property and to interfere with the peaceful living of the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aiswarya Manoj
- Party Age
- 17
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anitha Manoj
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Manoj
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Order issued from Child Welfare Committee, Certified copy of Settlement Deed No. 5271/1/2019 of SRO Puthencruze
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ramesh Chand
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sajeev P Menon
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanently restrained the defendants from entering the plaint schedule property and interfering with the peaceful living of the plaintiff.
Evidence:
In the result, the suit is decreed as follows: - The defendants are hereby permanently restrained from entering the plaint schedule property and to interfere with the peaceful living of the plaintiff.
Documents & Evidence
Document Type:
Order issued from Child Welfare Committee
Submitted By:
Plaintiff
Relevance:
Order issued from the Child Welfare Committee regarding the plaintiff's guardianship and circumstances.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the settlement deed executed by the 2nd defendant and the grandfather of the plaintiff, establishing the plaintiff's ownership of the property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Aiswarya Manoj vs Anitha Manoj et al regarding permanent prohibitory injunction
Case Code Year
Case between Aiswarya Manoj vs Anitha Manoj et al regarding permanent prohibitory injunction