Case Summary
The plaintiffs, E. Asha Thomas and Manju Sajan George, are siblings who have filed a suit against their brother Emmanuel .K. Thachedathu regarding their mother's property rights. The case involves concerns over the defendant allegedly attempting to alienate property belonging to their elderly mother, who is suffering from Alzheimer's disease.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is restrained from fraudulently creating any document regarding the plaint schedule property and from forcibly evicting the age old mother Susamma.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, restraining the defendant from alienating their mother's property and from evicting her.
Why Plaintiff Won:
The plaintiffs established their case warranting the grant of relief sought for through uncontroverted testimony.
The plaintiffs established their case warranting the grant of relief sought for through uncontroverted testimony.
Losing Side's Weaknesses:
The plaintiffs established their case warranting the grant of relief sought for through uncontroverted testimony.
The plaintiffs established their case warranting the grant of relief sought for through uncontroverted testimony.
Supporting Evidence
The plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs as follows: 1. The defendant is restrained from fraudulently creating any document with regard to the plaint schedule property to restrain the defendant from forcibly evicting the age old mother Susamma and also to restrain the defendant from alienating as well as from creating encumbrance over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- E. Asha Thomas Vayalil Kollattu
- Party Age
- 63
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Manju Sajan George
- Party Age
- 59
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Emmanuel .K. Thachedathu
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Certificate of Sale Deed No.1036/20, Tax Receipt, Building Tax Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Robin Jose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from fraudulently creating any document with regard to the plaint schedule property and from forcibly evicting the age old mother Susamma.
Evidence:
In the result, the suit decreed with costs as follows: 1.The defendant is restrained from fraudulently creating any document with regard to the plaint schedule property to restrain the defendant from forcibly evicting the age old mother Susamma and also to restrain the defendant from alienating as well as from creating encumbrance over the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is allowed to realise the cost of the suit from the defendant and his assets.
Evidence:
In the result, the suit decreed with costs as follows: 2.Plaintiff is allowed to realise the cost of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the claim of the plaintiffs over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the tax payment related to the property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document serves as further evidence of the ownership and financial responsibilities associated with the property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between E. Asha Thomas Vayalil Kollattu et al vs Emmanuel .K. Thachedathu regarding permanent prohibitory injunction.
Case Code Year
Case between E. Asha Thomas Vayalil Kollattu et al vs Emmanuel .K. Thachedathu regarding permanent prohibitory injunction.