Case Summary
Babu, a deaf and dumb individual, represented by his wife Radhika, is seeking a permanent prohibitory injunction against Dasan. The case involves a dispute over property rights and attempts of trespass by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from trespassing into the plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant is restrained from trespassing into the plaint A schedule property and forming a way through it. The defendant is also ordered to pay the costs of the proceedings to the plaintiff.
Why Plaintiff Won:
The plaintiff's ownership of the plaint schedule property is supported by documentary evidence and witness testimony.
The plaintiff's ownership of the plaint schedule property is supported by documentary evidence and witness testimony.
Losing Side's Weaknesses:
The plaintiff's ownership of the plaint schedule property is supported by documentary evidence and witness testimony.
The plaintiff's ownership of the plaint schedule property is supported by documentary evidence and witness testimony.
Supporting Evidence
The exhibit A2 WILL is proved by the evidence of the attesting witness who has deposed regarding the due execution and attestation of the same. The plaintiff’s ownership of the plaint schedule property is proved by the exhibit A1 and A2 document.
Judgment Evidence:
In the result, suit is decreed as follows: 1. Defendant and his men are restrained by decree of permanent prohibitory injunction from trespassing into the plaint A schedule property, obliterating its boundaries and also from forming a way through the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Babu (Deaf & Dumb)
- Party Age
- 66
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Radhika
- Party Age
- 64
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Dasan
- Party Age
- 64
Plaintiffs Documents
Exhibit A1 is the land tax receipt dated 10.10.2022, Exhibit A2 is the certified copy of the WILL dated 16.08.1984, Exhibit A3 is the death certificate of Unneerikutty.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.B. Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sanjay.B
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Andrew Mathews
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant and his men are restrained from trespassing into the plaint A schedule property.
Evidence:
In the result, suit is decreed as follows: 1. Defendant and his men are restrained by decree of permanent prohibitory injunction from trespassing into the plaint A schedule property, obliterating its boundaries and also from forming a way through the plaint A schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The normal rule is that cost shall follow event. I find no reason to deviate from the same.
Documents & Evidence
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Certified copy of Will
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's claim over the property as allotted in the WILL.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of Unneerikutty as mentioned in the WILL.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Babu (Deaf & Dumb) vs Dasan regarding permanent prohibitory injunction
Case Code Year
Case between Babu (Deaf & Dumb) vs Dasan regarding permanent prohibitory injunction