Case Summary
Jose A.D is the plaintiff seeking an injunction against Maju Jacob to prevent him from trespassing and interfering with his property. The dispute revolves around property boundaries and alleged encroachments by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ad interim order of injunction granted is made absolute until the disposal of the suit.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for an interim injunction, granting the plaintiff protection against the defendant's actions concerning the disputed property.
Why Plaintiff Won:
The court found a prima facie case in favor of the plaintiff and noted that the balance of convenience weighed in his favor.
The court found a prima facie case in favor of the plaintiff and noted that the balance of convenience weighed in his favor.
Losing Side's Weaknesses:
The court found a prima facie case in favor of the plaintiff and noted that the balance of convenience weighed in his favor.
The court found a prima facie case in favor of the plaintiff and noted that the balance of convenience weighed in his favor.
Supporting Evidence
The petitioner has put forth a prima facie case and balance of convenience is also found to be in favour of the petitioner since demolition of the building would result in material alteration of the structures present at the plaint schedule property.
Judgment Evidence:
In the result, the petition is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jose A.D
- Party Age
- 66
- Relation
- S/o Devassy
- Party Role
- Defendant
- Party Name
- Maju Jacob
- Party Age
- 60
- Relation
- S/o P.A.Chacko
Plaintiffs Documents
Document No. 892/1/1992 of SRO Edappally, Digital copy of the tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.G.Sunil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.Jaya
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rojin Devassy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rehim Rawther
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mathew Skaria
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Tomy Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The petitioner sought a decree of permanent injunction against the defendant restraining him from trespassing into the plaint schedule property, demolishing any portion of the compound wall, or interfering in any manner with the possession and enjoyment of the plaint schedule property.
Evidence:
The petition is allowed. Ad interim order of injunction granted is made absolute until the disposal of the suit.
Documents & Evidence
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
These exhibits were marked from the side of the plaintiff for the purpose of this order in this interim application.
Reference:
Ext.A1 to A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was marked during the hearing and is referenced in the court's considerations.
Reference:
Ext.C1
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 Jose A.D vs Maju Jacob regarding injunction of property
Case Code Year
Case between Jose A.D vs Maju Jacob regarding injunction of property