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O.S No. 972/2023

Case between Shal Joseph et al vs Jenson et al regarding permanent prohibitory injunction

Court
IN THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-08-20
Duration
approximately-2 years 6 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Shal Joseph and Annie Joseph, are co-owners of a property and are suing the defendants, Jenson and Jerome, who are their relatives, for attempting to alter a pathway that the plaintiffs claim to own. The plaintiffs seek an injunction to prevent the defendants from making modifications to this pathway.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit, finding that the plaintiffs failed to prove their exclusive possession over the pathway in question. The defendants were permitted to maintain the pathway.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, finding that the plaintiffs failed to prove their exclusive possession over the pathway in question. The defendants were permitted to maintain the pathway.
Key Reasoning:
The plaintiffs failed to establish their exclusive possession over the plaint schedule pathway.
Why Defendant Won:
The plaintiffs failed to establish their exclusive possession over the plaint schedule pathway.
Supporting Evidence
The plaintiff failed to prove his exclusive possession over the plaint schedule pathway. The document produced from the side of the plaintiff to establish his title being Ext A2, only pertains to plaint A schedule property.

Judgment Evidence:

In the result, the suit is dismissed with costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shal Joseph
Party Age
44
Relation
S/o
Party Role
Plaintiff
Party Name
Annie Joseph
Party Age
67
Relation
W/o
Party Role
Defendant
Party Name
Jenson
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
Jerome
Party Age
53
Relation
S/o
Plaintiffs Documents
Copy of prior deed no.932/66, Original partition deed no.1090/12, Land tax receipt bearing Tandapper no. 7954 issued by kadamakkudy village office, Original death certificate of Antony Joseph, True copy of FIR no. 481/23 of Varapuzha Police station, Original of the certificate issued by the Branch Manager (I/c) Kanayannur co-operation Agricultural and Rural Development Bank Hd.No.E-326, Cheranelloor Branch
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Vijeesh K.S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
John Joseph
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Joseph Francis
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sabir N.S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Angel Gloria V.S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Johnson Thomas
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiffs sought a permanent prohibitory injunction against the defendants regarding the alteration of the plaint schedule pathway.
Evidence:
Evidently the plaintiff failed to prove his exclusive possession over the plaint schedule pathway.
Relief Type: Costs
Outcome: Refused
Description:
The issue as to costs was raised in the suit.
Evidence:
Thus, the issue as to costs is also found against the plaintiff.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
The document is a copy of the prior deed through which the plaintiffs claim title over the plaint A schedule property.
Reference:
Ext.A1
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
The document is a certified copy of the partition deed by which the plaintiff’s father acquired title of plaint A schedule property.
Reference:
Ext.A2
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
This document evidences the plaintiffs' possession over the plaint A schedule property.
Reference:
Ext.A3
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
This document is related to the father of the first plaintiff, providing context to the ownership claim.
Reference:
Ext.A4
Document Type: FIR
Submitted By: Plaintiff
Relevance:
This document relates to a police complaint involving the defendants, offering context to the dispute.
Reference:
Ext.A5
Document Type: Certificate
Submitted By: Plaintiff
Relevance:
This document is issued by the Branch Manager, providing additional context regarding the plaintiff's claims.
Reference:
Ext.A6

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 Shal Joseph et al vs Jenson et al regarding permanent prohibitory injunction
Case Code Year
Case between Shal Joseph et al vs Jenson et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 08/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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