Case Summary
Joseph Jacob is the plaintiff and seeks permanent prohibitory injunction regarding ownership of car park No. 23 in Toc H Retreat. The defendants include Soumya @ Jyothi, a neighboring resident, and the Toc-H Retreat Owners Association, who made decisions about car park allocations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff will be the absolute owner in possession of car park No. 23, and the 1st defendant will be the owner of car park No. 24.
Case Type
Civil Suit
Final Judgment
No
The suit was settled between the parties with specific terms regarding the car parks. The plaintiff and the first defendant will be the absolute owners of their respective car parks and agreed on the conditions of usage.
Why Plaintiff Won:
The settlement terms were agreed upon by the involved parties, benefiting the plaintiff.
The settlement terms were agreed upon by the involved parties, benefiting the plaintiff.
Losing Side's Weaknesses:
The settlement terms were agreed upon by the involved parties, benefiting the plaintiff.
The settlement terms were agreed upon by the involved parties, benefiting the plaintiff.
Supporting Evidence
1. The 3rd defendant Association will remove the existing boundary wall on the southern side of the car parking No.21 and 22 and will install new sliding gates on the southern side covering the entire car parking Nos. 21, 22, 23 and 24 to facilitate the easy entry of owners to their respective car parking.
Judgment Evidence:
Thus, the suit is decreed on the aforesaid terms.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph Jacob
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Soumya @ Jyothi
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/s Toc H Retreat
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Toc-H Retreat Owners Association
- Relation
- Represented by
Plaintiffs Documents
Sale deed No. 2196/2007 of Maradu SRO.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.Viswananthan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajith Viswananthan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shibu Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Princy Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sabu Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gayathri K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanu S Malakeel
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anupama R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anoopa M.J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashwin Antony
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.S.Sumitha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Lehna Mohanan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abhilash B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aman Mazoor
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff will be the absolute owner in possession of the Plaint schedule car park (car park No. 23) and the 1st defendant will be the absolute owner in possession of the car park No. 24.
Evidence:
Thus, the suit is decreed on the aforesaid terms.
Documents & Evidence
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 Joseph Jacob vs Soumya @ Jyothi et al regarding permanent prohibitory injunction
Case Code Year
Case between Joseph Jacob vs Soumya @ Jyothi et al regarding permanent prohibitory injunction
Case Flags
Out-of-Court Settlement