Case Summary
The plaintiffs George Thomas and Benny George are seeking a permanent prohibitory injunction against the defendant Siby Sebastian to prevent unauthorized construction on their properties. The case involves disputes over property rights and access roads.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendant. The court found that the plaintiffs had a valid cause of action.
Why Plaintiff Won:
The plaintiffs proved their ownership and possession of the properties in question, and there was no evidence presented to refute their claims.
The plaintiffs proved their ownership and possession of the properties in question, and there was no evidence presented to refute their claims.
Losing Side's Weaknesses:
The plaintiffs proved their ownership and possession of the properties in question, and there was no evidence presented to refute their claims.
The plaintiffs proved their ownership and possession of the properties in question, and there was no evidence presented to refute their claims.
Supporting Evidence
The evidence of PW1, the certified copies of relevant documents, and the report of the Advocate Commissioner sufficiently established the plaintiffs' claims and validated their apprehension of injury.
Judgment Evidence:
In the result, the suit is decreed with costs as follows; Defendant and his men are hereby restrained by a decree of permanent prohibitory injunction from forcefully trespassing upon plaint schedule properties...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- George Thomas
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Benny George
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Siby Sebastian
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Certified copy of Partition Deed No.755/2016, Certified copy of Partition Deed No.374/2016, Certified copy of Sale Deed No.2777/1994
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. T Jacob
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs sought a permanent prohibitory injunction to restrain the defendant from forcefully trespassing upon plaint schedule properties.
Evidence:
Defendant and his men are hereby restrained by a decree of permanent prohibitory injunction from forcefully trespassing upon plaint schedule properties.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs sought to realize the costs of the suit from the defendant.
Evidence:
Therefore, I am of the view that plaintiff is entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No.755/2016 of Meenachil SRO, showing plaintiff's ownership and possession of plaint schedule item No.1 and 2 properties.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No.374/2016 of Meenachil SRO, confirming plaintiff's ownership and possession of plaint schedule item No.1 and 2 properties.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No.2777/1994 of Meenachil SRO, showing ownership of plaint schedule item No.3 property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report identifying the schedule properties and providing evidence for the case.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Case Code
O.S.NO.
Case Code Year
2024