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O.S. No. 1599/2014

Case between George et al vs Rasheed et al regarding Permanent prohibitory injunction and other reliefs

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2025-07-14
Duration
approximately-10 years 8 months
Case Closed
Mon, 07/14/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, who are brothers, claim ownership of property inherited from their mother and seek an injunction against the defendants who they allege are unlawfully occupying part of this property. The defendants deny these claims and assert they have legitimate ownership of their property.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the plaintiffs' request for a permanent prohibitory injunction and directed the defendants to surrender the encroached property.
Judgment Favored
Plaintiff
Relief Granted
Decree of mandatory injunction directing the defendants to surrender plaint B schedule property to the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs' request for a permanent prohibitory injunction and directed the defendants to surrender the encroached property.
Why Plaintiff Won:
The plaintiffs established their ownership and entitlement through the original sale deed and evidence presented.
Losing Side's Weaknesses:
The plaintiffs established their ownership and entitlement through the original sale deed and evidence presented.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A2, Ext. C1 and Ext. C1(a) established their case as pleaded by them.

Judgment Evidence:

In the result, suit is decreed as follows; a decree of mandatory injunction is passed directing the defendants to surrender plaint B schedule property to the plaintiffs as per Sale Deed No. 2831 of 1984 of Edappally S.R.O.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
George
Party Age
56
Relation
S/o
Party Role
Plaintiff
Party Name
Sedhi Lazar
Party Age
55
Relation
S/o
Party Role
Plaintiff
Party Name
Paul Abraham
Party Age
53
Relation
S/o
Party Role
Plaintiff
Party Name
John P. Joseph
Party Age
44
Relation
S/o
Party Role
Defendant
Party Name
Rasheed
Party Age
49
Relation
S/o
Party Role
Defendant
Party Name
Ashraf
Party Age
57
Relation
S/o
Plaintiffs Documents
Original of Sales deed No. 2831/1984 of Edapally Sub Registrar Office, Survey Commission Report in IA 11525/2015 dated 29.01.2024, Survey sketch appended along with Ext. C1
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Jacob George
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.K. Mohinudheen
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Directing the defendants to surrender plaint B schedule property to the plaintiffs as per Sale Deed No. 2831 of 1984.
Evidence:
A decree of mandatory injunction is passed directing the defendants to surrender plaint B schedule property to the plaintiffs as per Sale Deed No. 2831 of 1984 of Edappally S.R.O.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining the defendants from trespassing into and causing any obstructions over the plaint A and B schedule properties.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants from trespassing into and from causing any obstructions over the plaint A and B schedule properties.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Restraining the defendants from causing any obstructions in the construction of a compound wall at the northern side of plaint A schedule property by the plaintiffs.
Evidence:
A decree of mandatory injunction is passed restraining the defendants from causing any obstructions in the construction of compound wall at the northern side of plaint A schedule property by the plaintiffs.
Relief Type: Other
Outcome: Granted
Description:
Entitled to realize costs of the suit from the defendants and from their assets.
Evidence:
The plaintiffs are entitled to realize costs of the suit from the defendants and from their assets.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Original of Sale Deed No. 2831/1984 of Edappally S.R.O.
Reference:
Ext.A2
Document Type: Survey Commission Report
Submitted By: Court
Relevance:
Survey commission report in IA.11525/15 dated 29.01.2024.
Reference:
Ext.C1
Document Type: Survey Sketch
Submitted By: Court
Relevance:
Survey sketch appended along with Ext.C1.
Reference:
Ext.C1(a)

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 George et al vs Rasheed et al regarding Permanent prohibitory injunction and other reliefs
Case Code Year
Case between George et al vs Rasheed et al regarding Permanent prohibitory injunction and other reliefs

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 11/12/2014 - 12:00
Case Closed
Mon, 07/14/2025 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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