Case Summary
Marykutty Joseph filed a suit against Rani Thomas for a permanent prohibitory injunction regarding her property. The defendant is attempting to trespass on the plaintiff's residence and disturb her peaceful enjoyment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from committing any waste in the plaint schedule property and the building therein.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction against Rani Thomas to prevent her from committing any waste in the plaintiff's property.
Why Plaintiff Won:
The plaintiff established ownership and the likelihood of the defendant committing waste on the property.
The plaintiff established ownership and the likelihood of the defendant committing waste on the property.
Losing Side's Weaknesses:
The plaintiff established ownership and the likelihood of the defendant committing waste on the property.
The plaintiff established ownership and the likelihood of the defendant committing waste on the property.
Supporting Evidence
The marriage was solemnized on 27.04.2014. Defendant left her husband in 2015 and started living with her parent since 2015. Hence it is clear from the statement in proof affidavit itself that the defendant was residing in the building in the plaint schedule property. Hence it is the shared household of the defendant.
Judgment Evidence:
In the result the suit is decreed as follows: 1.A decree of permanent prohibitory injunction is granted restraining the defendant from committing any waste in the plaint schedule property and the building therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Marykutty Joseph
- Party Age
- 74
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rani Thomas
- Party Age
- 43
- Relation
- D/o
Plaintiffs Documents
Certified copy of Sale deed No. 1855/1979, Tax receipt, Building Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Siju K. Issac
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amala Ann Varghese
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction restraining the defendant from committing any waste in the plaint schedule property and the building therein.
Evidence:
In the result the suit is decreed as follows: A decree of permanent prohibitory injunction is granted restraining the defendant from committing any waste in the plaint schedule property and the building therein.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Document evidencing the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document supporting the plaintiff's claims regarding the property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Document confirming the taxes paid for the residential building in the plaint schedule property.
Reference:
Ext.A3
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Official report prepared by the Advocate Commissioner.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by the Commissioner that aids in understanding the layout of the plaint schedule property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2024