Case Summary
The plaintiffs, Sheeba and Sheeja, are seeking execution of a decree against the judgment debtor, P. P. Jacob, for mandatory and permanent prohibitory injunction. The decree involves the demolition of unauthorized constructions and restrictions on further construction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amin is deputed to give effect to the mandatory injunction part of the decree.
Case Type
Execution Petition
Final Judgment
No
The court found that the decree is executable and ordered the Amin to implement the mandatory injunction by demolishing unauthorized constructions identified in the decree.
Why Plaintiff Won:
The court determined that the decree is executable despite the judgment debtor's objections regarding property identification.
The court determined that the decree is executable despite the judgment debtor's objections regarding property identification.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The executing court has every power to look into the judgment of the case at hand and the pleadings in the case at hand, to understand the true effect and implication of the decree at hand.
Judgment Evidence:
In the result, the decree is found to be executable. Amin is deputed to give effect to the mandatory injunction part of the decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sheeba
- Party Age
- 55
- Relation
- D/o. late Vijayasenan
- Party Role
- Plaintiff
- Party Name
- Sheeja
- Party Age
- 44
- Relation
- D/o. late Vijayasenan
- Party Role
- Defendant
- Party Name
- P. P. Jacob
- Party Age
- 63
- Relation
- S/o. Poulose
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. A Johnson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.S Sreejith
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M.P Ramnath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bepin Paul
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sandhya S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shalu Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P. Rajesh Kottakkal
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Varghese Varghese M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Antony Tharian
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Shanthi John
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to demolish and remove the plaint B and C schedule properties.
Evidence:
The plaintiffs are entitled for a decree of mandatory injunction directing the defendant to demolish and remove the plaint B and C schedule properties within a period of 1 month from the date of judgment failing which the plaintiffs are permitted to demolish and remove the same.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from making any construction in the terrace of the 2nd floor.
Evidence:
The plaintiffs are entitled for a decree of permanent prohibitory injunction restraining the defendant, his men or agent or anybody claiming under him from making any construction in the terrace of the 2nd floor.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from causing any obstruction to the plaintiffs in using the terrace and common passage.
Evidence:
A decree of permanent prohibitory injunction is granted in favour of the plaintiffs to restrain the defendant, his men or agents or anybody claiming under him from causing any obstruction to the plaintiffs in using the terrace portion of the 2nd floor and common passage to the 2nd floor and terrace portion.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Identified unauthorized constructions to be demolished as per the decree.
Reference:
Ext.C2
Document Type:
Plan
Submitted By:
Court
Relevance:
Provided details of the unauthorized constructions to be demolished.
Reference:
Ext.C2(a)
Case Classification
Case Type
Execution Petition
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sheeba et al vs P. P. Jacob regarding execution of a decree for mandatory and permanent prohibitory injunction
Case Code Year
Case between Sheeba et al vs P. P. Jacob regarding execution of a decree for mandatory and permanent prohibitory injunction