Case Summary
The plaintiffs, Issac V C and K K Somarajan, sought a permanent prohibitory injunction against the defendants, who threatened to trespass and demolish a boundary wall on the plaintiffs' properties. The case was heard as the defendants did not appear for trial.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction against the defendants, restraining them from trespassing, demolishing the boundary wall, and widening the pathway. There was no order as to costs.
Why Plaintiff Won:
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiffs. There is no evidence to rebut the evidence adduced on the side of the plaintiffs. Hence the plaintiffs are entitled to the reliefs as claimed for.
Judgment Evidence:
In the result, the suit is decreed as follows; The defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule properties, from demolishing the boundary wall of the plaint schedule properties and from widening the existing pathway lying between the plaint schedule properties annexing any portions of the plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Issac V C
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- K K Somarajan
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mathew Yohannan
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Antony
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sabu
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abhishek Sabu
- Party Age
- 24
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kochumon
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Release Deed no. 1355/2014, Sale deed no. 1061/2014, Sale Deed no. 120/1993, Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Boby George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abraham George Jacob
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing and demolishing the boundary wall.
Evidence:
Hence the plaintiffs are entitled to the reliefs as claimed for.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Document evidencing the plaintiffs' ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document evidencing the plaintiffs' ownership of another property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document evidencing the second plaintiff's ownership of the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document supporting the plaintiffs' claim regarding the property.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document supporting the plaintiffs' claim regarding the property.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's report concerning the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch illustrating the property boundaries.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Issac V C et al vs Mathew Yohannan et al regarding permanent prohibitory injunction
Case Code Year
Case between Issac V C et al vs Mathew Yohannan et al regarding permanent prohibitory injunction