Case Summary
The plaintiffs, Valsamma Thomas and her children, are seeking a permanent prohibitory injunction against the defendants, who are family members and alleged to be interfering with their possession of a property. The court found that the plaintiffs have the right to possess the property and the defendants have no right.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing into the property.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiffs against the defendants, restraining them from interfering with the plaintiffs' possession of the property. The defendants were also directed to pay the costs of the suit.
Why Plaintiff Won:
The plaintiffs established their prior possession and the absence of defendants' rights over the property.
The plaintiffs established their prior possession and the absence of defendants' rights over the property.
Losing Side's Weaknesses:
The plaintiffs established their prior possession and the absence of defendants' rights over the property.
The plaintiffs established their prior possession and the absence of defendants' rights over the property.
Supporting Evidence
The defendants had failed to turn up during the time when the case was listed for evidence ... Hence, I am of the opinion that the issues I to VI and VIII are to be answered in favour of the plaintiff and is answered so.
Judgment Evidence:
The suit is decreed as follows: I. The defendants, their men and agents are restrained ... II. The defendants are directed to pay the costs of the suit to the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Valsamma Thomas
- Party Age
- 51
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sobhitha Thomas
- Party Age
- 28
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Irin Thomas
- Party Age
- 23
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Selin Jacob
- Party Age
- 83
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Joseph Sunny
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saju Jacob
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Death Certificate issued by Kochi Municipal Corporation, Attested copy of Sale Deed bearing No. 3906/2000, Copy of Tax Receipt, Copy of Possession Certificate, Salary Transfer letter for loan.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dinesh R. Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.K Revi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Silesh S. Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saumya T.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N. C Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.P Lexy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing.
Evidence:
The defendants, their men and agents are restrained by way of permanent prohibitory injunction from trespassing into the Apartment bearing Door No. 28/877F of Corporation of Cochin on the 4th Floor of the multistoried Chakkalakkal building and/or from interfering with the peaceful possession and enjoyment of the same by the plaintiffs or their agents in any manner.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Mandatory injunction directing the first defendant to leave the plaint schedule property.
Evidence:
Mandatory injunction directing the first defendant to leave the plaint schedule property and to go live away with one or the other of her own children permanently cannot be sustained, and therefore, issue VII is answered as against the plaintiff.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Is the death certificate of the first plaintiff's late husband.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Attested copy of sale deed related to the property.
Reference:
Ext.A2
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Photocopy of the encumbrance certificate for the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of the tax receipt relevant to the property.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Copy of the possession certificate for the property.
Reference:
Ext.A5
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Computer-generated statement of account for the specified period.
Reference:
Ext.A6
Document Type:
Salary Transfer Letter
Submitted By:
Plaintiff
Relevance:
Salary transfer letter relevant to the loan.
Reference:
Ext.A7
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
A letter dated 15.05.2019.
Reference:
Ext.A8
Document Type:
Quotation
Submitted By:
Plaintiff
Relevance:
Quotation for carpentry works.
Reference:
Ext.A9
Document Type:
Credit Card Statement
Submitted By:
Plaintiff
Relevance:
Computer-generated credit card statement for the specified date.
Reference:
Ext.A10
Document Type:
Credit Card Statement
Submitted By:
Plaintiff
Relevance:
Another computer-generated credit card statement.
Reference:
Ext.A11
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint filed before the Commissioner of Police.
Reference:
Ext.A12
Document Type:
Acknowledgment of Receipt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the petition.
Reference:
Ext.A12(a)
Document Type:
Hospital Bill
Submitted By:
Plaintiff
Relevance:
Bill issued from PVS Memorial Hospital.
Reference:
Ext.A13
Document Type:
Bills
Submitted By:
Plaintiff
Relevance:
Various hospital bills related to the treatment.
Reference:
Ext.A13(a) to Ext.A13(a)(m)
Document Type:
Hospital Bill
Submitted By:
Plaintiff
Relevance:
Bill issued from Lakeshore Hospital & Research Centre.
Reference:
Ext.A14
Document Type:
Bills
Submitted By:
Plaintiff
Relevance:
Various hospital bills related to treatments provided.
Reference:
Ext.A14(a) to Ext.A14(z)
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Another encumbrance certificate relevant to the property.
Reference:
Ext.A15
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by the court-appointed advocate.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch related to the commission report.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs included as part of the commission report.
Reference:
Ext.C1(b) to Ext.C1(o)
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 Valsamma Thomas et al vs Selin Jacob et al regarding permanent prohibitory injunction
Case Code Year
Case between Valsamma Thomas et al vs Selin Jacob et al regarding permanent prohibitory injunction