Case Summary
The plaintiffs, represented by their father, are seeking a permanent prohibitory injunction against the defendants to prevent them from damaging their property and trespassing. The case involves property boundaries and the right of the plaintiffs to their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from damaging the wall and trespassing into the plaintiffs' properties.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendants to prevent them from damaging the boundary wall and trespassing.
Why Plaintiff Won:
The plaintiffs were able to demonstrate their rightful ownership and the threat posed by the defendants.
The plaintiffs were able to demonstrate their rightful ownership and the threat posed by the defendants.
Losing Side's Weaknesses:
The plaintiffs were able to demonstrate their rightful ownership and the threat posed by the defendants.
The plaintiffs were able to demonstrate their rightful ownership and the threat posed by the defendants.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A3 would show that the plaintiffs are entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The defendants are restrained by a decree of permanent prohibitory injunction from obliterating the wall on the north-western side of their property for annexing the way towards their property and from trespassing into the plaint schedule properties owned and possessed by the plaintiffs. 2.The plaintiffs are entitled to realise the costs of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Arundathi Devi A
- Party Age
- 21
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Madhavika Devi A
- Party Age
- 15
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Vineetha
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P Latha
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Amrithlal
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vadakke Kunnath Madhavan
- Party Age
- 71
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Judgment in OS 112/21, Certified copy of settlement deed (No.2012/1/2016), Gift deed executed by Chanthu in favour of Gopalan.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Manoj N
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. T Nandakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Viswalekha KC
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from demolishing their wall and trespassing into the plaintiffs' properties.
Evidence:
the suit is decreed as follows: 1.The defendants are restrained by a decree of permanent prohibitory injunction from obliterating the wall on the north-western side of their property for annexing the way towards their property and from trespassing into the plaint schedule properties owned and possessed by the plaintiffs.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to realize the costs of the suit from the defendants.
Evidence:
the plaintiffs are entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Certified copy of the judgment
Submitted By:
Plaintiff
Relevance:
This document served as evidence regarding the prior case related to the property boundaries.
Reference:
Ext.A1
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
This settlement deed documents the joint ownership of the plaintiffs over the property in question.
Reference:
Ext.A2
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
This gift deed establishes the historical ownership relevant to the plaintiffs' claims.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Arundathi Devi A et al vs P Latha et al regarding permanent prohibitory injunction
Case Code Year
Case between Arundathi Devi A et al vs P Latha et al regarding permanent prohibitory injunction