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O.S. No. 108/2021

Case between Job John P vs Unnichan @ George regarding permanent prohibitory injunction

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-07-01
Duration
approximately-3 years 26 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Job John P and Gincy George are the plaintiffs seeking a permanent prohibitory injunction against defendant Unnichan @ George. The plaintiffs claim that the defendant is encroaching upon their right of way, which is essential for vehicle access to their properties.

Judgment Outcome

Defendant Won
Interim Order
The court found that the plaintiffs did not sufficiently establish their claim to the right of way. Consequently, the suit was dismissed.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiffs did not sufficiently establish their claim to the right of way. Consequently, the suit was dismissed.
Key Reasoning:
The evidence on record did not sufficiently establish any right, title or possession of the plaintiffs over the specified property.
Why Defendant Won:
The evidence on record did not sufficiently establish any right, title or possession of the plaintiffs over the specified property.
Supporting Evidence
It is true that the Ext A1 and Ext A3 document mentions about the existence of a 3.8 meter pathway to the respective properties of the plaintiffs. But said recitals can in no stretch of imagination be extended to the whole of the Plaint B schedule pathway, when the B schedule pathway has not been properly identified before the court by means of a local inspection and report.

Judgment Evidence:

In view of the discussions made above, I am of the view that there is no proper identification of the plaint B schedule pathway and that the evidence on record is not sufficient to establish any right, title or possession of the plaintiffs over plaint B schedule property. In such circumstances, Issues I to III are to be found against the plaintiffs and are found so.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Job John P
Party Age
46
Relation
S/o
Party Role
Plaintiff
Party Name
Gincy George
Party Age
45
Relation
W/o
Party Role
Defendant
Party Name
Unnichan @ George
Party Age
80
Plaintiffs Documents
Certified copy of Sale Deed No. 1266/2017, True copy of land tax receipt issued by Manakunnam Village Office, Certified copy of Sale Deed No. 2377/2013, True copy of land tax receipt issued by Manakunnam Village Office, Certified copy of Sale Deed No. 3212/1999.
Defendants Documents
Photograph (Subject to Proof), Certified copy of Sale Deed No. 2914/2003, Certified copy of Sale Deed No. 263/1996, Certified copy of Sale Deed No. 1242/1996, Certified copy of Sale Deed No. 4212/2006, Certified copy of Document No. 2822/2008.

Advocates

Party Role
Plaintiff
Advocate Name
Saira Phiroz
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Dr. Mathew A Kuzhalnadan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Kuriakose Varghese
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sudeep Aravind Panicker
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiffs sought a permanent prohibitory injunction against the defendant.
Evidence:
In view of the discussions made above, I am of the view that there is no proper identification of the plaint B schedule pathway and that the evidence on record is not sufficient to establish any right, title or possession of the plaintiffs over plaint B schedule property.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale Deed No. 1266/2017 of SRO, Tripunithura.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
True copy of land tax receipt issued by Manakunnam Village Office.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale Deed No. 2377/2013 of SRO, Tripunithura.
Reference:
Ext.A3
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
True copy of land tax receipt issued by Manakunnam Village Office.
Reference:
Ext.A4
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale Deed No. 3212/1999 SRO, Tripunithura.
Reference:
Ext.A5
Document Type: Photograph
Submitted By: Defendant
Relevance:
Photographs marked subject to proof.
Reference:
Ext.B1 to B7
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale Deed No. 2914/2003.
Reference:
Ext.B8
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale Deed No. 263/1996.
Reference:
Ext.B9
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale Deed No. 1242/1996.
Reference:
Ext.B10
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale Deed No. 4212/2006.
Reference:
Ext.B11
Document Type: Document
Submitted By: Defendant
Relevance:
Certified copy of Document No. 2822/2008.
Reference:
Ext.B12
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale Deed No. 1266/2017.
Reference:
Ext.B13
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of Sale Deed No. 1666/1995.
Reference:
Ext.B14

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 Job John P vs Unnichan @ George regarding permanent prohibitory injunction
Case Code Year
Case between Job John P vs Unnichan @ George regarding permanent prohibitory injunction

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 07/01/2021 - 12:00
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
75%

Involved Entities

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