Case Summary
Reji Mathew, the plaintiff, is seeking a permanent prohibitory injunction against Thomas Varghese, the defendant, who has been threatening the tenants of the property owned by the plaintiff. The case involves disputes over possession and enjoyment of the property after a sale certificate was granted to the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant and men are hereby restrained from causing any disturbance to the peaceful possession and enjoyment of the plaint schedule property by the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, restraining the defendant from causing any disturbances to the plaintiff's possession of the property.
Why Plaintiff Won:
The evidence adduced on the side of the plaintiff established the case without rebuttal.
The evidence adduced on the side of the plaintiff established the case without rebuttal.
Losing Side's Weaknesses:
The evidence adduced on the side of the plaintiff established the case without rebuttal.
The evidence adduced on the side of the plaintiff established the case without rebuttal.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; 1.The defendant and men are hereby restrained from causing any disturbance to the peaceful possession and enjoyment of the plaint schedule property by the plaintiff, from trespassing into the plaint schedule property and from committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Reji Mathew
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thomas Varghese
- Party Age
- 60
- Relation
- S/o Late Varghese
Plaintiffs Documents
Virtue of Sale Certificate no. 685/2005, Tax receipt, Judgment of Hon’ble High Court (WA no. 998 of 2018 in WPC 12505/2011), Order of Hon’ble High Court (IA no. 2/2018 in WA no. 998/2018)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R K Prasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Geetha Sankar L
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and men are restrained from causing any disturbance to the peaceful possession and enjoyment of the property.
Evidence:
In the result, the suit is decreed as follows; 1. The defendant and men are hereby restrained from causing any disturbance to the peaceful possession and enjoyment of the plaint schedule property by the plaintiff, from trespassing in to the plaint schedule property and from committing any act of waste therein.
Documents & Evidence
Document Type:
Sale Certificate
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the property in question.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim of possession over the property.
Reference:
Ext.A2
Document Type:
Judgment of Hon'ble High Court
Submitted By:
Plaintiff
Relevance:
This document discusses the previous ruling which impacts the status of the property.
Reference:
Ext.A3
Document Type:
Order of Hon'ble High Court
Submitted By:
Plaintiff
Relevance:
This order is relevant to the procedural history of the case involving the property.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Reji Mathew vs Thomas Varghese regarding permanent prohibitory injunction
Case Code Year
Case between Reji Mathew vs Thomas Varghese regarding permanent prohibitory injunction