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OS No. 57/2022

Case between Fr. Saji.C.John vs Johnson et al regarding permanent prohibitory injunction

Court
IN THE COURT OF THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha N A
Order Date
2024-10-29
Duration
Case Closed
Tue, 10/29/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Fr. Saji.C.John filed a suit against his neighbors for a permanent prohibitory injunction regarding property rights. The plaintiff claims that the defendants are unlawfully trying to widen a pathway by trespassing into his property.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, declaring that the defendants are permanently prohibited from trespassing into the plaintiff's property.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing into Plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, declaring that the defendants are permanently prohibited from trespassing into the plaintiff's property.
Why Plaintiff Won:
The plaintiff successfully established his case with sufficient evidence.
Losing Side's Weaknesses:
Not available
Supporting Evidence
Upon the perusal of the averments in the plaint, affidavit and other documents marked from the side of the plaintiff, I am satisfied that the plaintiff has succeeded in establishing his case.

Judgment Evidence:

In the result, the suit is decreed without cost as follows: a) The defendants and men under them are hereby permanently prohibited from trespassing into Plaint A schedule property and thereby committing any waste or from unlawfully occupying the property for widening Plaint B Schedule Property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Fr. Saji.C.John
Party Age
45
Relation
S/o
Party Role
Plaintiff
Party Name
Elias Mathai
Party Age
57
Relation
S/o
Party Role
Defendant
Party Name
Johnson
Party Age
60
Relation
S/o
Party Role
Defendant
Party Name
George
Party Age
45
Relation
S/o
Party Role
Defendant
Party Name
Raju.M.Paul
Party Age
66
Relation
S/o
Party Role
Defendant
Party Name
Eby
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Sunny
Party Age
60
Relation
S/o
Plaintiffs Documents
Notarized Power of Attorney dated 11.11.2022, Copy of Will Deed No. 214/2022 of SRO Puthencruz, Paper Publication dated 13.09.2023, Certified copy of Judgment and Decree in OS No. 54/2006 of Munsiff Court Kolenchery.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M.Y.Saju
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Haritha Hariharan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Varghese K Paul
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Atheesha.M.V
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sneha Divakaran.P
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Kashmeera Asharaf
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sunithadevi.M.S
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendants are permanently prohibited from trespassing into the plaintiff's property.
Evidence:
The defendants and men under them are hereby permanently prohibited from trespassing into Plaint A schedule property and thereby committing any waste or from unlawfully occupying the property for widening Plaint B Schedule Property.

Documents & Evidence

Document Type: Notarized Power of Attorney
Submitted By: Plaintiff
Relevance:
This document supports the plaintiff's authority to file the suit.
Reference:
Ext.A1
Document Type: Copy of Will Deed
Submitted By: Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type: Paper publication
Submitted By: Plaintiff
Relevance:
This document evidences the publication relating to the case.
Reference:
Ext.A3
Document Type: Certified Copy of Judgment and Decree
Submitted By: Plaintiff
Relevance:
This document provides background on a previous case relevant to the current dispute.
Reference:
Ext.A4
Document Type: Commission Report
Submitted By: Court
Relevance:
This document contains findings relevant to the case submitted by the Advocate Commissioner.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
This sketch aids in understanding the dimensions and boundaries of the properties involved.
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 Fr. Saji.C.John vs Johnson et al regarding permanent prohibitory injunction
Case Code Year
Case between Fr. Saji.C.John vs Johnson et al regarding permanent prohibitory injunction

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Sat, 01/01/2022 - 12:00
Case Closed
Tue, 10/29/2024 - 12:00
From
Sun, 09/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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