Case Summary
The plaintiffs, Binu.K.Mathew, Gini Saji, and Mini.K.Mathew, filed the suit against defendants George and Joby for a permanent prohibitory injunction to prevent the defendants from trespassing on their property. The court found that the plaintiffs had sufficient evidence to support their claim of ownership and possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing in the plaint schedule properties.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs a permanent prohibitory injunction against the defendants, restraining them from trespassing on the plaint schedule properties.
Why Plaintiff Won:
The plaintiffs proved their ownership and possession over the plaint schedule properties, which remained unchallenged as the defendants were ex-parte.
The plaintiffs proved their ownership and possession over the plaint schedule properties, which remained unchallenged as the defendants were ex-parte.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs proved their contentions in the plaint through the evidence rented by PW1 and Ext.A1 is the partition deed No. 3077/2023.
Judgment Evidence:
In the result: The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing in the plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Binu.K.Mathew
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Gini Saji
- Party Age
- 49
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Mini.K.Mathew
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- George
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joby
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Original Partition Deed No. 3077/2023, Tax receipts (No. KL07051107305/2023, No. KL07051107306/2023, No. KL07051107307/2023), Paper Publication dated 13.07.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.K Joy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted to restrain the defendants from trespassing on the plaint schedule properties.
Evidence:
The plaintiffs are entitled to get a decree of Permanent Prohibitory injunction as prayed for.
Relief Type:
Costs
Outcome:
Not Decided
Description:
Plaintiffs requested costs in the suit.
Evidence:
The plaintiffs are not entitled to get costs in the suit.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership of the plaintiffs over the plaint schedule properties.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of tax payment related to the plaint schedule properties.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of tax payment related to the plaint schedule properties.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of tax payment related to the plaint schedule properties.
Reference:
Ext.A4
Document Type:
Paper publication
Submitted By:
Plaintiff
Relevance:
This document may relate to the notification or public interest regarding the properties.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document contains the findings of the advocate commissioner regarding the plaint schedule properties.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
This document provides a visual representation of the plaint schedule properties and boundaries.
Reference:
Ext.C1(a)
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 Binu.K.Mathew et al vs George et al regarding permanent prohibitory injunction.
Case Code Year
Case between Binu.K.Mathew et al vs George et al regarding permanent prohibitory injunction.