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O.S. No. 1270 /2018

Case between Sagarika Arts and Sports Club vs Siju et al regarding permanent prohibitory injunction

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Needi.K. Dinamany
Order Date
2024-07-03
Duration
approximately-5 years 20 days
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
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.
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.
Why Defendant Won:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 01/01/2018 - 12:00
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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