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O.S No. 866/2022

Case between Mini Jolly vs Noel et al regarding permanent prohibitory injunction and mandatory injunction.

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-08-12
Duration
approximately-3 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Mini Jolly, is seeking a permanent prohibitory injunction and mandatory injunction against her siblings, Noel, Seena Darwin, Rema Francis, and Shini Godson, regarding their shared inherited properties. The defendants allegedly leased out the properties without her consent, leading to this legal action.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit, concluding that the plaintiff could not establish any exclusive right over the jointly owned properties. The request for both a permanent prohibitory injunction and a mandatory injunction was denied.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, concluding that the plaintiff could not establish any exclusive right over the jointly owned properties. The request for both a permanent prohibitory injunction and a mandatory injunction was denied.
Key Reasoning:
The plaintiff failed to prove any exclusive possession or right over the properties, and it was determined that her requests for injunctions were unwarranted.
Why Defendant Won:
The plaintiff did not demonstrate her exclusive claim to the property and could seek partition instead of an injunction.
Supporting Evidence
It follows that there is nothing on record to show any exclusive right or possession of the plaintiff over the plaint schedule property.

Judgment Evidence:

In view of the discussions made above, the suit is dismissed. The parties are directed to suffer their respective costs to the suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mini Jolly
Party Age
52
Relation
W/o
Party Role
Plaintiff
Party Name
Baiju N.K.
Party Age
51
Relation
Represented by
Party Role
Defendant
Party Name
Noel
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
Seena Darwin
Party Age
57
Relation
W/o
Party Role
Defendant
Party Name
Rema Francis
Party Age
55
Relation
W/o
Party Role
Defendant
Party Name
Shini Godson
Party Age
50
Relation
W/o
Plaintiffs Documents
Power of Attorney (Subject to Objection), True copy of Will No. 236/2018, Death Certificate issued by St. Antony’s Church, Death Certificate, True copy of Lawyer Notice (Subject to Objection), True copy of Letter (Subject to Objection)
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
N. A Shafeek
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Nandagopan M.C
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V. S Babu Gireesan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Minnu Darwin
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiff requested a permanent prohibitory injunction against the defendants.
Evidence:
A perpetual injunction as sought for cannot be granted.
Relief Type: Mandatory Injunction
Outcome: Refused
Description:
The plaintiff sought a mandatory injunction to evict an unauthorized tenant.
Evidence:
The mandatory injunction as sought for also cannot be granted.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
This document grants authority to the power of attorney holder to prosecute the case.
Reference:
Ext.A1
Document Type: True copy of Will
Submitted By: Plaintiff
Relevance:
This document establishes the inheritance and rights over the properties.
Reference:
Ext.A2
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
This document proves the death of the plaintiff's parent, relevant for inheritance claims.
Reference:
Ext.A3
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
This document proves the death of another relevant party in the inheritance.
Reference:
Ext.A4
Document Type: True copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document was sent to the tenant regarding the eviction.
Reference:
Ext.A5
Document Type: True copy of letter
Submitted By: Plaintiff
Relevance:
This document is relevant to the claims regarding the tenancy.
Reference:
Ext.A6
Document Type: Commission Report
Submitted By: Court
Relevance:
This document provides findings related to the property in dispute.
Reference:
Ext.C1
Document Type: Commission Report
Submitted By: Court
Relevance:
This document further details findings pertinent to the case.
Reference:
Ext.C2

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mini Jolly vs Noel et al regarding permanent prohibitory injunction and mandatory injunction.
Case Code Year
Case between Mini Jolly vs Noel et al regarding permanent prohibitory injunction and mandatory injunction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 07/12/2022 - 12:00
Case Closed
From
Fri, 08/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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