Case Summary
The plaintiffs, Alexander K A @ Jolly and others, are seeking a permanent prohibitory injunction against the defendants, Josy K P and Liji, concerning a property dispute. The plaintiffs claim the defendants unlawfully trespassed and damaged their property, which they have possessed for over a decade.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from entering the plaint B schedule property.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendants. The defendants are restrained from entering the plaintiffs' property and are liable to pay costs.
Why Plaintiff Won:
The plaintiffs proved their ownership and peaceful possession of the property through documentary evidence, while the defendants failed to provide evidence to support their claims.
The plaintiffs proved their ownership and peaceful possession of the property through documentary evidence, while the defendants failed to provide evidence to support their claims.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Ext A1, A16, A14 and A15 it is evident that plaintiffs are absolute owners in possession of plaint A,C and D schedule property and they have obtained half undivided interest in plaint B schedule property.
Judgment Evidence:
In the result, suit is decreed with costs on the following terms. Defendants and their men are restrained by a permanent prohibitory injunction from entering to the plaint B schedule property or from dealing with the same in any manner affecting the right, title and interest of the plaintiffs over the same or from committing any waste in the plaint B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alexander K A @ Jolly
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mary Francy
- Party Age
- 46
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Valsa Antony
- Party Age
- 55
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Keats Antony
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Josy K P
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Liji
- Party Age
- 44
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale deed no: 560/2012, Sale deed no: 602/2012, Certified copy of Sale deed no: 2404/2012, Certified copy of Sale deed no: 2403/2012.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K M Faizal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Stiya Sivan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sithara Hamza
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anila Antony
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Santhosh kumar TP
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and their men are restrained from entering into the plaint B schedule property.
Evidence:
Defendants and their men are restrained by a permanent prohibitory injunction from entering to the plaint B schedule property or from dealing with the same in any manner affecting the right, title and interest of the plaintiffs over the same or from committing any waste in the plaint B schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are liable to pay costs to the plaintiffs.
Evidence:
Defendants are liable to pay costs of suit to plaintiffs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Plaintiffs acquired property through this sale deed.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Prior deed related to the property owned by the plaintiffs.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Related to the acquisition of the property by the plaintiffs.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original deed relating to the property in dispute.
Reference:
Ext.A4
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Prior deed concerning the property ownership.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Deed through which plaintiffs obtained a share in the property.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Prior deed that details the ownership of the property.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Court's examination of the property confirming plaintiffs' claims.
Reference:
Ext.C1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Acquisition of plaint C schedule property by the plaintiffs.
Reference:
Ext.A14
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Acquisition of plaint D schedule property by the plaintiffs.
Reference:
Ext.A15
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Conveyed undivided rights in plaint B schedule property.
Reference:
Ext.A16
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Prior deed relevant to understanding the ownership.
Reference:
Ext.A17
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 Alexander K A @ Jolly et al vs Josy K P et al regarding permanent prohibitory injunction
Case Code Year
Case between Alexander K A @ Jolly et al vs Josy K P et al regarding permanent prohibitory injunction