Case Summary
The plaintiff, Avaneendhran, is involved in a legal dispute with the defendants, Latha Rani and Nagarjun alias Sujith. The case concerns a complaint filed by the plaintiff against the defendants for trespassing and threatening to dispossess him from his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property and dispossessing the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from trespassing into the plaint schedule property and disposing of the plaintiff.
Why Plaintiff Won:
The court found substantial evidence supporting the plaintiff's possession of the property and the threat posed by the defendants.
The court found substantial evidence supporting the plaintiff's possession of the property and the threat posed by the defendants.
Losing Side's Weaknesses:
The court found substantial evidence supporting the plaintiff's possession of the property and the threat posed by the defendants.
The court found substantial evidence supporting the plaintiff's possession of the property and the threat posed by the defendants.
Supporting Evidence
The plaintiff is entitled to protect the peaceful residence of himself and that of the members of his family.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants, their men and agents are restrained by way of a decree for permanent prohibitory injunction from trespassing into the plaint schedule property, dispossessing the plaintiff from the plaint schedule property and committing waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Avaneendhran
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Latha Rani
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nagarjun alias Sujith
- Party Age
- 23
- Relation
- S/o
Plaintiffs Documents
Certified copy of settlement deed No.2074/2000 of SRO Meenchanda, Land tax receipt dated 13.06.2022, Building tax receipt dated 13.06.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. L.S.Bhagaval Das
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Punya T
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.A.V.Anvar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property.
Evidence:
The plaintiff is entitled to a decree of permanent prohibitory injunction as sought for.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the proceedings to be paid by the defendants to the plaintiff.
Evidence:
The defendants shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed proving ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt supporting the plaintiff's claim of possession.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt supporting the plaintiff's claim of possession.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by the Advocate Commissioner confirming the plaintiff's residence in the plaint schedule property.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan by Advocate Commissioner complementing the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Avaneendhran vs Latha Rani et al regarding permanent prohibitory injunction
Case Code Year
Case between Avaneendhran vs Latha Rani et al regarding permanent prohibitory injunction
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt