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O.S No. 1426/2013

Case between Sheeba et al vs P. P. Jacob regarding execution of a decree for mandatory and permanent prohibitory injunction

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2026-01-01
Duration
approximately-2 years 6 months
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Thu, 01/01/2026 - 12:00
To
Wed, 01/21/2026 - 12:00
Outcome Confidence
85%

Involved Entities

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