Case Summary
The plaintiff, Sagarika Arts and Sports Club, seeks a permanent prohibitory injunction against the defendants, Siju and Ammini Joseph, who are claiming rights over the property. The plaintiff asserts that the defendants are obstructing their reconstruction efforts on the property owned by the plaintiff's club.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit has been dismissed as the plaintiff failed to prove exclusive lawful possession of the plaint schedule property and no injunction is granted in favor of the plaintiff.
Key Reasoning:
The plaintiff could not prove exclusive ownership or lawful possession of the property in question.
The plaintiff could not prove exclusive ownership or lawful possession of the property in question.
Why Defendant Won:
The plaintiff could not prove exclusive ownership or lawful possession of the property in question.
The plaintiff could not prove exclusive ownership or lawful possession of the property in question.
Supporting Evidence
The plaintiff has not proved that they were in continuous uninterrupted possession of the property in Sy.No.350/11 since 1968.
Judgment Evidence:
In the result, suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sagarika Arts and Sports Club
- Party Role
- Defendant
- Party Name
- Siju
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ammini Joseph
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- The Secretary, Cheranelloor Grama Panchayath
- Party Role
- Defendant
- Party Name
- The District Collector, Ernakulam
Plaintiffs Documents
Copy of By-law of plaintiff club, Registration certificate No.ER 284/95 issued under Registration Act, Copy of ownership certificate issued from Cheranelloor Grama Panchayat.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Divakaran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saritha.U.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.P.Visakh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shabu Sreedharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sheenamol Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff requested a permanent prohibitory injunction against the defendants.
Evidence:
Since the plaintiff is not in exclusive possession of the plaint schedule property and no pattayam has been obtained by the plaintiff for the purampokku land wherein the building of the plaintiff club is situated, no injunction can be granted in favour of plaintiff.
Documents & Evidence
Document Type:
By-Law
Submitted By:
Plaintiff
Relevance:
Document outlining the operational rules of the Sagarika Arts and Sports Club.
Reference:
Ext.A1
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Proof of the club's registration under the Registration Act.
Reference:
Ext.A2
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Certificate showing ownership issued by Cheranelloor Grama Panchayat.
Reference:
Ext.A3
Document Type:
Sketch
Submitted By:
Plaintiff
Relevance:
Sketch showing the location of the plaintiff's property.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint submitted to the District Collector regarding issues faced by the plaintiff.
Reference:
Ext.A5
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the complaint submitted to the District Collector.
Reference:
Ext.A5(a)
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint made before the City Police Commissioner by the first defendant.
Reference:
Ext.A6
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter from the President of Cheranelloor Grama Panchayat.
Reference:
Ext.A7
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint made to the City Police Commissioner by the plaintiff.
Reference:
Ext.A8
Document Type:
Electricity Bill
Submitted By:
Plaintiff
Relevance:
Bill for electricity used by the club.
Reference:
Ext.A9
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint made before the District Collector.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report filed by the advocate commissioner regarding the property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch filed along with the commission report.
Reference:
Ext.C1(a)
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 Sagarika Arts and Sports Club vs Siju et al regarding permanent prohibitory injunction
Case Code Year
Case between Sagarika Arts and Sports Club vs Siju et al regarding permanent prohibitory injunction