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O.S. No. 708 of 2021

Case between Julia Luiz et al vs Smt. Thilothamma Sukumaran et al regarding permanent prohibitory injunction

Court
THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-02-29
Duration
approximately-2 years 6 months
Case Closed
Thu, 02/29/2024 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiffs, Julia Luiz and Shimon Luiz, seek to prevent the defendants from interfering with their property rights over a water-logged area. The case revolves around attempts by the defendants to trespass and alter the flow of water impacting the plaintiffs' property.

Judgment Outcome

Defendant Won
Interim Order
The suit is dismissed by the court as it found no substantial evidence to support the plaintiffs' claim for a permanent prohibitory injunction against the defendants.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed by the court as it found no substantial evidence to support the plaintiffs' claim for a permanent prohibitory injunction against the defendants.
Key Reasoning:
Defendants established that the suit was barred by the law of res judicata and that the plaintiffs failed to prove any wrongdoing by them.
Why Defendant Won:
Defendants established that the suit was barred by the law of res judicata and that the plaintiffs failed to prove any wrongdoing by them.
Supporting Evidence
Defendants claimed that the plaintiffs failed to prove their allegations of trespass or obstruction and that the suit is barred by res judicata.

Judgment Evidence:

In the result, the suit is dismissed.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Julia Luiz
Party Age
57
Relation
W/o
Party Role
Plaintiff
Party Name
Shimon Luiz
Party Age
25
Relation
S/o
Party Role
Plaintiff
Party Name
Dennis Luiz
Party Age
56
Relation
S/o
Party Role
Defendant
Party Name
Smt. Thilothamma Sukumaran
Party Age
75
Relation
W/o
Party Role
Defendant
Party Name
Smt. Sumathi Velayudhan
Party Age
73
Relation
W/o
Party Role
Defendant
Party Name
Smt. Thankamani Sasidharan
Party Age
69
Relation
W/o
Party Role
Defendant
Party Name
Smt. Meenakshi Rajan
Party Age
66
Relation
W/o
Party Role
Defendant
Party Name
Smt. Sobha Mani
Party Age
62
Relation
W/o
Plaintiffs Documents
Numerous documents including sale deed and revenue records.
Defendants Documents
Judgment in AS No. 258/1981.

Advocates

Party Role
Plaintiff
Advocate Name
Reji George
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Naseer Moidu
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Binoy Davis
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.G Sarathkumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Vishakh K.A.
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiffs sought permanent prohibitory injunction against the defendants from opening a sluice.
Evidence:
Hence the plaintiffs have no right to restrain the defendants herein while they were made an attempt to construct a sluice from their property.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Establishes ownership of the plaint schedule property.
Reference:
Ext.A2
Document Type: Certified copy of Re-Survey sketch
Submitted By: Plaintiff
Relevance:
Serves as a visual representation of the property boundaries.
Reference:
Ext.A4
Document Type: Commissioner Report
Submitted By: Plaintiff
Relevance:
Reports on the condition of the plaint schedule property.
Reference:
Ext.A5
Document Type: Certified copy of decree
Submitted By: Defendant
Relevance:
Details the judicial findings relevant to property rights.
Reference:
Ext.B1
Document Type: Certified Copy of Judgment
Submitted By: Defendant
Relevance:
Contains prior judgments affecting the defendants' claims.
Reference:
Ext.B2

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Julia Luiz et al vs Smt. Thilothamma Sukumaran et al regarding permanent prohibitory injunction
Case Code Year
Case between Julia Luiz et al vs Smt. Thilothamma Sukumaran et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 09/06/2021 - 12:00
Case Closed
Thu, 02/29/2024 - 12:00
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
70%

Involved Entities

Private Individual

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