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O.S 214/2023

Case between Thomas Dominic vs Jessy Varghese et al regarding permanent prohibitory injunction

Court
IN THE COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smitha Susan Mathew
Order Date
2025-06-12
Duration
approximately-1 year
Case Code No.
214
Case Closed
Thu, 06/12/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Thomas Dominic, seeks a permanent prohibitory injunction against the defendants who are alleged to be interfering with his property rights. The defendants are set exparte as they did not appear in court.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants are permanently restrained from altering the lie and nature of the plaint schedule item No.2 and from obstructing the water flow and peaceful enjoyment of the plaint schedule item No.1 property by the plaintiff.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are permanently restrained from altering the lie and nature of the plaint schedule item No.2 and from obstructing the water flow and peaceful enjoyment of the plaint schedule item No.1 property by the plaintiff.
Why Plaintiff Won:
The evidence presented showed the defendants intended to claim possession and obstruct the plaintiff’s use of his property.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The evidence of PW1 would show that defendants claimed possession over item No.2 and they will demolish the old kayyala and would take possession over item No.2 by constructing a new wall. This evidence remain unrebutted.

Judgment Evidence:

In the result the suit is decreed as follows: 1 The defendants are restrained by a decree of permanent prohibitory injunction from altering the lie and nature of plaint item No.2, causing obstruction to the flow of water through plaint schedule item No.2, obstructing the peaceful enjoyment of plaint schedule item No.1 property by the plaintiff and committing any waste therein.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Thomas Dominic
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
Jessy Varghese
Party Age
56
Relation
D/o
Party Role
Defendant
Party Name
Rosamma
Party Age
58
Relation
W/o
Party Role
Defendant
Party Name
Treesa Johnson @ Gracyklutty Johnson
Party Age
60
Relation
W/o
Party Role
Defendant
Party Name
Cicily Maria @ Cicilykutty
Party Age
62
Relation
W/o
Party Role
Defendant
Party Name
Elsykutty Thomas
Party Age
64
Relation
W/o
Plaintiffs Documents
Ext.A1, original sale deed No.1052/1985 of SRO, Kanjirappally; Ext.A2, land tax receipt; Ext.A3, resurvey plan showing the location of plaint item No.1 and 2 properties; Ext. A4, tax receipt dated 30-03-2025.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sony Thomas
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arya Surendran
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
M.A. Ribinsha
Appearance Type
Government Pleader

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction restraining defendants from altering the lie and nature of plaint item No.2.
Evidence:
In the result the suit is decreed as follows: 1 The defendants are restrained by a decree of permanent prohibitory injunction from altering the lie and nature of plaint item No.2, causing obstruction to the flow of water through plaint schedule item No.2, obstructing the peaceful enjoyment of plaint schedule item No.1 property by the plaintiff and committing any waste therein.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to get the cost of the suit from defendants and their assets.
Evidence:
2. Plaintiff is entitled to get the cost of the suit from defendants and their assets.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Original sale deed No.1052/1985 of SRO, Kanjirappally, establishing plaintiff's ownership over item No.1 property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Land tax receipt showing payment for the property owned by the plaintiff.
Reference:
Ext.A2
Document Type: Resurvey Plan
Submitted By: Plaintiff
Relevance:
Resurvey plan showing the location of plaint items No.1 and No.2 properties.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt dated 30-03-2025 reinforcing plaintiff's ownership and tax payments for the property.
Reference:
Ext.A4
Document Type: Mahazar
Submitted By: Court
Relevance:
Mahazar prepared by Commissioner indicating the existing condition of item No.2 property and its surroundings.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch prepared by Commissioner illustrating the existence of an edathondu between item No.1 property and the properties of defendants.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2023

Quick Facts

Location
Kanjirappally Taluk
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Case Closed
Thu, 06/12/2025 - 12:00
From
Thu, 05/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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