Case Summary
The plaintiffs, Antony Pius and K.A. Gabriel @ Stephen, are seeking a permanent prohibitory injunction against the Kochi Municipal Corporation and others to prevent encroachment on their property. The case involves allegations of unlawful attempts by the defendants to pressure the plaintiffs to surrender part of their land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants who were attempting to encroach upon the plaintiffs' property. The court directed the defendants to refrain from entering the property and committing any waste.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the possession of the plaintiff over the plaint schedule property on the basis of a valid title.
Judgment Evidence:
In the result, Defendants, their men, agents and any one acting under them are restrained from entering into the plaint schedule properties, from reducing the width of the plaint schedule property and committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Antony Pius
- Party Age
- 34
- Relation
- S/o Gabriel @ Stephen
- Party Role
- Plaintiff
- Party Name
- K.A.Gabriel @ Stephen
- Party Role
- Defendant
- Party Name
- Kochi Muncipal Corporation
- Relation
- represented by its Secretary
- Party Role
- Defendant
- Party Name
- The Secretary
- Party Role
- Defendant
- Party Name
- C.I.Mathew
- Party Age
- 96
- Relation
- S/o Late Isso
Plaintiffs Documents
Settlement Deed No. 3900/1/2014, Sale Deed No. 495/65, Sale Deed No. 42/1969, property tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.R.Jayaprasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chithra R Shenoy
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shoban George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.P.Saji
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Deepa Mohan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought to restrain the defendants from encroaching upon the plaint schedule property.
Evidence:
Defendants, their men, agents and any one acting under them are restrained from entering into the plaint schedule properties, from reducing the width of the plaint schedule property and committing any waste therein.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled for costs of this suit.
Evidence:
Plaintiff shall also be entitled for costs of this suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed no. 42/1969 executed by Smt. Terisa, the plaintiff’s great-grandmother.
Reference:
Ext.A1
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Certified copy of the Document no. 567/10.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the document no. 3900/14 related to the property devolved upon the plaintiff.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Original Letter no. BR/EKMNRT/33/2023-24 issued by the South Indian Bank Ltd., Ernakulam North Branch.
Reference:
Ext.A4
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of the Judgment in WP(c)No. 22248/2011 of the High Court of Kerala.
Reference:
Ext.A5
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
The encumbrance certificate issued by the SRO, Ernakulam for the period from 01.01.10 to 04.12.23.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original of the Sale deed no. 495/65 of SRO, Ernakulam.
Reference:
Ext.A7
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The property tax receipt of the Ernakulam Village.
Reference:
Ext.A8
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 Antony Pius et al vs Kochi Municipal Corporation et al regarding permanent prohibitory injunction
Case Code Year
Case between Antony Pius et al vs Kochi Municipal Corporation et al regarding permanent prohibitory injunction