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O.S No. 153/2017

Case between Raveendran Nair C vs A.G.Geetha et al regarding permanent prohibitory injunction from forceful eviction.

Court
I Additional Munsiff, Ernakulam
Judge
Sri. Nanda Krishna M.
Order Date
2024-09-30
Duration
approximately-9 years 24 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Raveendran Nair C is involved in a dispute against A.G.Geetha and others regarding allegations of forceful eviction. The case seeks to prevent the defendants from evicting the plaintiff without due legal process.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is partially decreed to restrain the first defendant and their agents from forcefully evicting the plaintiff and causing disturbances. The first defendant is also ordered to pay costs of the suit to the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
The 1st defendant and their men are restrained from forcefully ousting or evicting the plaintiff from the plaint schedule building.
Case Type
Civil Suit
Final Judgment
No
The suit is partially decreed to restrain the first defendant and their agents from forcefully evicting the plaintiff and causing disturbances. The first defendant is also ordered to pay costs of the suit to the plaintiff.
Why Plaintiff Won:
The plaintiff satisfactorily proved his possession and apprehension of forceful dispossession by the first defendant.
Losing Side's Weaknesses:
The plaintiff satisfactorily proved his possession and apprehension of forceful dispossession by the first defendant.
Supporting Evidence
The plaintiff has pleaded and proved basis for their apprehension of further acts from the side of the 1st defendant to forcefully try to dispossess the plaintiff...

Judgment Evidence:

In the result, the suit is decreed in part as follows. 1) The 1st defendant and their men and agents are restrained from forcefully ousting or evicting the plaintiff and his staff from the plaint schedule building without due process of law...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Raveendran Nair C
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
A.G.Geetha
Party Age
54
Relation
W/o
Party Role
Defendant
Party Name
C.V.Valsala
Party Age
55
Relation
D/o
Party Role
Defendant
Party Name
Dr.C.V.Soumini
Party Age
51
Relation
D/o
Plaintiffs Documents
Copy of the lease agreement dated 05.09.15, Certified copy of the Judgment in OS 276/16.
Defendants Documents
Copy of the agreement deed no.3252/1990, Copy of the lease deed no.3254/1990.

Advocates

Party Role
Plaintiff
Advocate Name
Eldhose M Varghese
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Manju Antoney
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Johnson Abraham
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Nelson Abraham
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The plaintiff sought a permanent prohibitory injunction against forceful eviction.
Evidence:
1st defendant and their men and agents are restrained from forcefully ousting or evicting the plaintiff and his staff from the plaint schedule building without due process of law.
Relief Type: Cost
Outcome: Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the 1st defendant.
Evidence:
1st defendant is also liable to pay costs of the suit to the plaintiff.
Relief Type: Permanent Injunction
Outcome: Partly Granted
Description:
Plaintiff's request for an injunction against defendants 2 and 3 was partly granted.
Evidence:
The court is not in favour of granting an equitable relief as sought for against defendants No. 2 and 3.

Documents & Evidence

Document Type: Lease Agreement
Submitted By: Plaintiff
Relevance:
The document evidences the rent agreement between the plaintiff and defendants 2 and 3.
Reference:
Ext.A1
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
This document is the certified copy of the judgment in a related suit O.S. No. 276/2016 which supports the plaintiff's claims.
Reference:
Ext.A2
Document Type: Agreement Deed
Submitted By: Defendant
Relevance:
This document is referenced by the defendants to assert their claims regarding ownership.
Reference:
Ext.B1
Document Type: Lease Deed
Submitted By: Defendant
Relevance:
This document is used by the defendants to argue the legality of their ownership claim.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
This report supports the plaintiff's possession of the plaint schedule property.
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 Raveendran Nair C vs A.G.Geetha et al regarding permanent prohibitory injunction from forceful eviction.
Case Code Year
Case between Raveendran Nair C vs A.G.Geetha et al regarding permanent prohibitory injunction from forceful eviction.

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 09/05/2015 - 12:00
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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