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O.S. No. 1187/2022

Case between Shyam Mohan vs Jaya K M et al regarding permanent prohibitory injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi. K. Dinamany
Order Date
2024-12-12
Duration
approximately-2 years 23 days
Case Closed
Thu, 12/12/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Shyam Mohan, the plaintiff, is seeking a permanent prohibitory injunction against Jaya K M and Shihab A A, the defendants, to prevent them from forcibly evicting him from the property he occupies. The plaintiff claims to be a tenant in possession and alleges threats of eviction from the defendants.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, granting him a permanent prohibitory injunction against the defendants from evicting him. The defendants were also ordered to pay costs to the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from forcibly evicting plaintiffs
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting him a permanent prohibitory injunction against the defendants from evicting him. The defendants were also ordered to pay costs to the plaintiff.
Why Plaintiff Won:
Plaintiffs established their case through unchallenged evidence.
Losing Side's Weaknesses:
Plaintiffs established their case through unchallenged evidence.
Supporting Evidence
The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of plaintiffs.

Judgment Evidence:

In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiffs from plaint schedule property. 2) Defendants are directed to pay costs of the suit to plaintiffs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shyam Mohan
Party Age
34
Relation
S/o
Party Role
Defendant
Party Name
Jaya K M
Party Age
51
Relation
D/o
Party Role
Defendant
Party Name
Shihab A A
Plaintiffs Documents
Copy of mortgage deed dated 27.11.2019, Copy of complaint dated 21.11.2022 before Sub Inspector of Police, Copy of acknowledgment dated 21.11.2022 issued from Commissioner of Police, Copy of plaint in OS 1185/2022
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Gikku Jacob
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
M V Rathish
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
K Muhammed Rafeeq
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiffs from plaint schedule property.
Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from forcibly evicting plaintiffs from plaint schedule property.
Relief Type: Cost
Outcome: Granted
Description:
Defendants are directed to pay costs of the suit to plaintiffs.
Evidence:
2) Defendants are directed to pay costs of the suit to plaintiffs.

Documents & Evidence

Document Type: Mortgage Deed
Submitted By: Plaintiff
Relevance:
Ext.A1 would show that plaint schedule property of 1st defendant is mortgaged to plaintiffs for 11 months and 1st plaintiff paid Rs.6,50,000/- as security to 1st defendant.
Reference:
Ext.A1
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
Ext.A2 is the copy of complaint dated 21.11.2022 before the Sub Inspector of Police Elamakkara.
Reference:
Ext.A2
Document Type: Acknowledgment
Submitted By: Plaintiff
Relevance:
Ext.A3 is the acknowledgment dated 21.11.2022 issued from commissioner of Police Ernakulam.
Reference:
Ext.A3
Document Type: Plaint
Submitted By: Plaintiff
Relevance:
Ext.A4 is the copy of plaint in OS1185/2022 before the Munsiff court-III, Ernakulam.
Reference:
Ext.A4
Document Type: Report and Rough Sketch
Submitted By: Court
Relevance:
Exts.C1 and C1(a) are the report and rough sketch submitted by the Advocate commissioner.
Reference:
Ext.C1, 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 Shyam Mohan vs Jaya K M et al regarding permanent prohibitory injunction
Case Code Year
Case between Shyam Mohan vs Jaya K M et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 11/11/2022 - 12:00
Case Closed
Thu, 12/12/2024 - 12:00
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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