Case Summary
The plaintiff, Ammu. K., is seeking a permanent prohibitory injunction against the defendants, Shanta and Sajan, who have threatened to demolish a boundary wall that separates their properties. The plaintiff fears this will lead to irreparable harm to her property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants and their henchmen are perpetually restrained from demolishing the boundary wall and encroaching upon the plaintiff's property.
Case Type
Civil Suit
Final Judgment
No
The court has ruled in favor of the plaintiff, granting a permanent prohibitory injunction to prevent the defendants from demolishing the boundary wall or encroaching on the plaintiff's property.
Why Plaintiff Won:
The plaintiff established a prima facie case and showed that the defendants' actions posed a threat to her peaceful enjoyment of the property.
The plaintiff established a prima facie case and showed that the defendants' actions posed a threat to her peaceful enjoyment of the property.
Losing Side's Weaknesses:
The plaintiff established a prima facie case and showed that the defendants' actions posed a threat to her peaceful enjoyment of the property.
The plaintiff established a prima facie case and showed that the defendants' actions posed a threat to her peaceful enjoyment of the property.
Supporting Evidence
The plaintiff has made out a prima facie case in her favour, as the defendants’ actions threaten the plaintiff’s peaceful enjoyment and use of the plaint 'A' schedule property.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) Let the defendants and their henchmen be perpetually restrained from demolishing the plaint 'B' schedule boundary wall and also from encroaching upon the plaint 'A' schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ammu. K.
- Party Age
- 79
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shanta
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sajan
- Relation
- S/o
Plaintiffs Documents
Settlement Deed No. 682/1/2002, Copy of the complaint to SHO, Vattiyoorkkavu
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Nazeer
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their henchmen are perpetually restrained from demolishing the plaint 'B' schedule boundary wall and encroaching upon the plaint 'A' schedule property.
Evidence:
In the result; the suit is decreed as follows: (a) Let the defendants and their henchmen be perpetually restrained from demolishing the plaint 'B' schedule boundary wall and also from encroaching upon the plaint 'A' schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendants and their henchmen are perpetually restrained from hindering the work of strengthening and increasing the height of the plaint schedule 'B' boundary wall.
Evidence:
Let the defendants and their henchmen be perpetually restrained from hindering the work of strengthening and increasing the height of the plaint schedule 'B' boundary wall at its existing location.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is to undertake renovations to the plaint 'B' boundary wall at her own expense within a specified timeframe.
Evidence:
The plaintiff shall make the constructions or renovations to the plaint schedule 'B' boundary wall, as ordered above, at the expense of the plaintiff, provided that the construction complies with applicable Building Rules.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Complaint to SHO
Submitted By:
Plaintiff
Relevance:
The complaint highlights the threats and attempts by the defendants to demolish the boundary wall.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2021