Case Summary
The plaintiff, Ashokan, sought a permanent prohibitory injunction against the defendants, Manikuttan and Santhwana, to prevent them from trespassing into his property. The case arose from disputes regarding access and usage of the plaint schedule property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from trespassing into the plaint schedule property and causing any damage to it.
Why Plaintiff Won:
Plaintiff provided unchallenged evidence proving ownership and possession of the property.
Plaintiff provided unchallenged evidence proving ownership and possession of the property.
Losing Side's Weaknesses:
Plaintiff provided unchallenged evidence proving ownership and possession of the property.
Plaintiff provided unchallenged evidence proving ownership and possession of the property.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff is entitled to get a decree of permanent prohibitory injunction as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: a. Defendants and men under them or their agents are restrained by a decree of permanent prohibitory injunction from trespassing into plaint schedule property, annexing any part of it, causing destruction to its boundaries, cutting open a new path-way along it and doing any act detrimental to the rights of the plaintiff in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ashokan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manikuttan
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhwana
- Party Age
- 20
- Relation
- D/o
Plaintiffs Documents
Certified Copy of Sale deed No.1709/2007 of Vaikom SRO, Land Tax receipt No.KL05051201821/2023 issued from Village Office, Vadakkemuri
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D. Subhash Chandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.Manaph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing and causing destruction to the property.
Evidence:
Defendants and men under them or their agents are restrained by a decree of permanent prohibitory injunction from trespassing into plaint schedule property, annexing any part of it, causing destruction to its boundaries, cutting open a new path-way along it and doing any act detrimental to the rights of the plaintiff in the plaint schedule property.
Relief Type:
Costs
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:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy proving ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax payment evidence supporting possession of the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Identified the properties related to the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Attached to the commission report providing a visual representation of the property boundaries.
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
OS
Case Code Year
2023