Case Summary
The plaintiffs, Josey, Michael, and Antony, claim ownership of a property from their late grandfather, alleging that their share was misallocated and that they are being denied possession by the defendants, Gracy and Joicy, who are related to their late uncle. They seek a permanent prohibitory injunction against the defendants for trespassing and alienation of said property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the petition for a temporary prohibitory injunction as the plaintiffs failed to demonstrate their exclusive possession and a prima facie case. The balance of convenience was found in favor of the defendants.
Key Reasoning:
The petitioners failed to demonstrate exclusive possession of the property and suppressed material facts related to the ownership and transfer of the property.
The petitioners failed to demonstrate exclusive possession of the property and suppressed material facts related to the ownership and transfer of the property.
Why Defendant Won:
The petitioners failed to demonstrate exclusive possession of the property and suppressed material facts related to the ownership and transfer of the property.
The petitioners failed to demonstrate exclusive possession of the property and suppressed material facts related to the ownership and transfer of the property.
Supporting Evidence
The petitioners failed to put forth a prima facie case in their favour. Balance of convenience is also found in favour of the respondents.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Josey
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Michael
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Antony
- Party Age
- 60
- Party Role
- Plaintiff
- Party Name
- Poly
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Gracy
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Joicy
- Party Age
- 24
- Relation
- D/o
Plaintiffs Documents
Lawyer's notice dated 24.05.2023, Reply notice dated 09.06.2023, Partition deed No. 3206/1975
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sajan Manali
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shashikala V.N
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Praseetha T.K
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreeni S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.P.Jayakumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Haritha K.T
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aadithyan S Mannali
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sain Paul Alunkal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.R.Shibu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The petitioners sought a permanent prohibitory injunction restraining the respondents from trespassing on the plaint schedule property.
Evidence:
Therefore, the petitioners failed to put forth a prima facie case in their favour. Balance of convenience is also found in favour of the respondents.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the plaintiff to Joseph @ Kunjappan regarding the property.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This notice is a reply from Joseph @ Kunjappan concerning the plaintiffs' claim on the property.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the allocation of property among the heirs of late Varuthutty.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was submitted by the advocate commissioner.
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 Josey et al vs Gracy et al regarding permanent prohibitory injunction
Case Code Year
Case between Josey et al vs Gracy et al regarding permanent prohibitory injunction