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O.S. No. 1383/2019

Case between Sabu Francis et al vs M K Jacob regarding permanent prohibitory injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-07-07
Duration
approximately-5 years
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Sabu Francis and Raisa Sabu, seek a permanent injunction against the defendant, M K Jacob, to prevent him from trespassing on their property. They claim ownership based on prior transactions and assert the defendant has no rights to the property.

Judgment Outcome

Defendant Won
Interim Order
The petition for amendment of the plaint was dismissed. The court found no merit in the plaintiff's request and directed both parties to bear their own costs.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The petition for amendment of the plaint was dismissed. The court found no merit in the plaintiff's request and directed both parties to bear their own costs.
Key Reasoning:
The plaintiff failed to demonstrate the necessity for an amendment at the appropriate stage.
Why Defendant Won:
The plaintiff failed to demonstrate the necessity for an amendment at the appropriate stage.
Supporting Evidence
The application for amendment of plaint was filed after the commencement of the trial; the affidavit was found to be vague and lacking in good faith.

Judgment Evidence:

In the result, 1) Petition is dismissed. 2) Considering the facts and circumstance of the case, parties are directed to bear their respective costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sabu Francis
Party Age
62
Relation
S/o late A L Francis
Party Role
Plaintiff
Party Name
Raisa Sabu
Party Age
31
Relation
D/o Sabu Francis
Party Role
Defendant
Party Name
M K Jacob
Party Age
55
Relation
S/o Kurien
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sreekumar G Chelur
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Eldhose M Varghese
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Plaintiffs sought a permanent prohibitory injunction restraining the defendant from trespassing into the plaint schedule property.
Evidence:
Accordingly I find no merit in the above petition.

Documents & Evidence

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 Sabu Francis et al vs M K Jacob regarding permanent prohibitory injunction
Case Code Year
Case between Sabu Francis et al vs M K Jacob regarding permanent prohibitory injunction

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/01/2019 - 12:00
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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