Case Summary
The plaintiffs, represented by Trine Pushpamangalam Welfare Association and Mathew Thomas, filed a suit against P.J Joseph and Ajith Krishnan for injunction regarding a well located between their properties. The plaintiffs alleged that the defendants filled part of the well, obstructing access for rainwater harvesting.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to remove the earth, concrete put by them in plaint B schedule property and to restore the plaint B schedule property in its original position.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs in OS 1331/2019, requiring the defendants to restore the B schedule property. OS 1394/2019 was partly decreed, restraining defendants from trespassing over the C schedule.
Why Plaintiff Won:
The plaintiffs established that the defendants filled the well which violated the plaintiffs' rights to access.
The plaintiffs established that the defendants filled the well which violated the plaintiffs' rights to access.
Losing Side's Weaknesses:
The plaintiffs established that the defendants filled the well which violated the plaintiffs' rights to access.
The plaintiffs established that the defendants filled the well which violated the plaintiffs' rights to access.
Supporting Evidence
The plaintiffs contends that the said B schedule well is used by plaintiffs for rain water harvesting and stated that originally the A schedule and defendants property were in the same level.
Judgment Evidence:
OS.1331/2019 is decreed. Defendants are directed to remove the earth, concrete put by them in plaint B schedule property and to restore the plaint B schedule property in its original position.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Trine Pushpamangalam Welfare Association
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Mathew Thomas
- Party Age
- 72
- Relation
- S/o Late P.M. Thomas
- Party Role
- Defendant
- Party Name
- P.J Joseph
- Party Age
- 50
- Relation
- S/o Joseph
- Party Role
- Defendant
- Party Name
- Ajith Krishnan
- Party Age
- 26
- Relation
- S/o Unnikrishna Pillai
Plaintiffs Documents
Certified copy of sale deed no. 3674/2005, Copy of Registration certificate no. EKM/TC/266/2017, Copy of Bye-law of the plaintiff association, Certified copy of sale deed no.3062/11, Copy of complaint filed before the Circle Inspector of Police, Thrikkakara
Defendants Documents
Sale deed no. 1106/2012, Copy of Power of Attorney executed by the 1st defendant, General Power of Attorney executed by the 2nd defendant, Copy of complaint filed before the Municipal Secretary, Thrikkakara, Acknowledgement receipt issued from the Thrikkakara Municipality
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.A. Jhonson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Eldho Cherian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hari .P.Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saju Wahab
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sachin Jacob Ambat
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.P. Madhavankutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shijoy John Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to remove the earth and concrete put by them in plaint B schedule property and restore the plaint B schedule property in its original position.
Evidence:
Defendants are directed to remove the earth, concrete put by them in plaint B schedule property and to restore the plaint B schedule property in its original position.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from filling plaint B schedule property and causing any hindrance to the plaintiff in draining rain water.
Evidence:
Defendants are restrained by way of permanent prohibitory injunction from filling the plaint B schedule property and causing any hindrance to the plaintiff in draining rain water to plaint B schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Partly Granted
Description:
Directing the defendants to restore plaint C schedule property to its previous position.
Evidence:
The relief sought in OS 1394/2019 is to pass a decree of mandatory injunction directing the defendants to restore plaint C schedule property to its previous position by constructing the beam, concrete slabs.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from trespassing over plaint C schedule.
Evidence:
Defendants are restrained by way of permanent prohibitory injunction from trespassing over plaint C schedule.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no. 3674/2005 of SRO, Thrikkakkara.
Reference:
Ext.A1
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Copy of Registration certificate no. EKM/TC/266/2017 issued by the Registrar of Societies.
Reference:
Ext.A2
Document Type:
Bye-law
Submitted By:
Plaintiff
Relevance:
Copy of Bye – law of the plaintiff association.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no.3062/11 of SRO, Thrikkakara.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of compliant filed before the Circle Inspector of Police, Thrikkakara.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed no. 1106/2012 of SRO, Thrikkakara.
Reference:
Ext.B1
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Copy of Power of Attorney executed by the 1st defendant (subject to proof).
Reference:
Ext.B2
Document Type:
General Power of Attorney
Submitted By:
Defendant
Relevance:
General Power of Attorney executed by the 2nd defendant.
Reference:
Ext.B3
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Copy of compliant filed before the Municipal Secretary, Thrikkakara. (Subject to proof).
Reference:
Ext.B4
Document Type:
Acknowledgement Receipt
Submitted By:
Defendant
Relevance:
Acknowledgement receipt issued from the Thrikkakara Municipality.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. Linimol .P.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch filed along with commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. Anup .T.Paul.
Reference:
Ext.C2
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch filed along with commission report.
Reference:
Ext.C2(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 Trine Pushpamangalam Welfare Association et al vs P.J Joseph et al regarding injunction
Case Code Year
Case between Trine Pushpamangalam Welfare Association et al vs P.J Joseph et al regarding injunction