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OS. No.38/2019

Case between AS Yohannan vs Joseph et al regarding permanent prohibitory injunction

Court
Munsiff Court Kolenchery
Judge
Smt. L Usha
Order Date
2023-01-21
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

AS Yohannan, the plaintiff, is seeking a permanent prohibitory injunction to restrain the defendants from removing red earth from the bottom of a compound wall. The defendants are allegedly committing waste and attempting to construct additional structures on the disputed property.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the proposed amendment to the plaint for finality in adjudication of the dispute. The amendment was deemed necessary given the ongoing claims over the disputed property.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the proposed amendment to the plaint for finality in adjudication of the dispute. The amendment was deemed necessary given the ongoing claims over the disputed property.
Why Plaintiff Won:
The court found it necessary to allow the amendment for achieving finality in the dispute.
Losing Side's Weaknesses:
The court found it necessary to allow the amendment for achieving finality in the dispute.
Supporting Evidence
In view of the above discussion, I find that it is necessary to allow the proposed amendment for finality of adjudication of the dispute between the parties.

Judgment Evidence:

In the result, the I.A. is allowed without costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
AS Yohannan
Party Age
62
Relation
S/o
Party Role
Defendant
Party Name
Joseph
Party Age
68
Relation
S/o
Party Role
Defendant
Party Name
M J Job
Party Age
36
Relation
S/o
Plaintiffs Documents
Defendants Documents
Copy of Original Suit No 31/2011, Copy of Commission Report filed in OS No 31/2011, Copy of Decree passed in OS No 31/2011.

Advocates

Party Role
Plaintiff
Advocate Name
V Biju Joseph
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
VK Joy
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The application sought to restrain the defendants from removing red earth from the compound wall.
Evidence:
In view of the above discussion, I find that it is necessary to allow the proposed amendment for finality of adjudication of the dispute between the parties.

Documents & Evidence

Document Type: Original Suit
Submitted By: Defendant
Relevance:
This document was presented to support the argument regarding the compromise decree passed in OS No. 31/2016.
Reference:
Ext.B1
Document Type: Commissioner Report
Submitted By: Defendant
Relevance:
This report was submitted as part of the evidence concerning the original suit.
Reference:
Ext.B2
Document Type: Compromise Decree
Submitted By: Defendant
Relevance:
This decree is relevant to the issues regarding the property described in the plaintiff's amendment application.
Reference:
Ext.B3

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between AS Yohannan vs Joseph et al regarding permanent prohibitory injunction
Case Code Year
Case between AS Yohannan vs Joseph et al regarding permanent prohibitory injunction

Quick Facts

Location
Kolenchery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Case Filed
Case Closed
From
Sun, 01/01/2023 - 12:00
To
Sun, 12/31/2023 - 12:00
Outcome Confidence
75%

Involved Entities

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