Case Summary
The plaintiff, Anil T.T, is seeking a permanent prohibitory injunction against the defendants who have been obstructing him from maintaining his property. The plaintiff claims ownership of the land and alleges that the defendants have been causing damage and obstruction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants, restraining them from trespassing and causing damage to the plaintiff's property.
Why Plaintiff Won:
The court found that the plaintiff was the owner of the property and had the right to maintain it.
The court found that the plaintiff was the owner of the property and had the right to maintain it.
Losing Side's Weaknesses:
The court found that the plaintiff was the owner of the property and had the right to maintain it.
The court found that the plaintiff was the owner of the property and had the right to maintain it.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff is entitled to get a decree permanent prohibitory injunction as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:- Defendants and men under them or their agents are restrained by a decree of permanent prohibitory injunction from trespassing into plaint schedule property, causing damage in it, cutting open a new path-way along it, causing obstruction to the maintenance work being done by the plaintiff in the eastern boundary fencing, to destruct the other boundaries of it, prevent the plaintiff from taking yield from it and doing any act detrimental to the rights of the plaintiff in plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anil T.T
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindhu
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thulasi
- Party Age
- 70
- Relation
- W/o
Plaintiffs Documents
Original Will deed No.88/2006, Original Tax receipt dated 21.06.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.N.Jayachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.Rajeev
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- George Joseph
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into plaint schedule property and causing damage.
Evidence:
Defendants and men under them or their agents are restrained by a decree of permanent prohibitory injunction from trespassing into plaint schedule property, causing damage in it.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to get cost from the defendants.
Evidence:
The plaintiff is entitled to get cost from the defendants.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Original of Will deed No.88/2006 of SRO, Thalayolaparambu, proving the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original tax receipts dated 21.06.2024, supporting the plaintiff's claims related to the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Adv.Sunumol T.S, identifying the properties and the disputed fencing.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by Adv.Sunumol T.S, illustrating the boundaries of the disputed property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Anil T.T vs Bindhu et al regarding permanent prohibitory injunction
Case Code Year
Case between Anil T.T vs Bindhu et al regarding permanent prohibitory injunction