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Original Suit No.275/2017

Case between Balakrishnan.P.V et al vs Valsan et al regarding permanent prohibitory injunction

Court
COURT OF ADDITIONAL MUNSIFF -II, KOZHIKODE
Judge
Smt.MEERA JOHN.K
Order Date
2025-03-03
Duration
approximately-8 years 11 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, led by Balakrishnan.P.V, seek a permanent injunction against the defendants for trespassing and cutting down improvements on their property. The case arises from property disputes and prior legal proceedings favoring the plaintiffs.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants to prevent further trespassing on the property.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from trespassing upon plaint schedule properties.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants to prevent further trespassing on the property.
Why Plaintiff Won:
The plaintiffs proved their case through unchallenged evidence demonstrating the defendants' trespass and threats.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The evidence of PW1 and the documents produced by him remains unchallenged. As such, I find that the plaintiff had proved his case and is entitled to a decree as prayed for.

Judgment Evidence:

In the result, the suit is decreed with costs as follows: 1) The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing upon plaint schedule properties.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Balakrishnan.P.V
Party Age
60
Relation
S/o
Party Role
Plaintiff
Party Name
Viswanathan.P.V
Party Age
65
Relation
S/o
Party Role
Plaintiff
Party Name
Narayanan.P.V
Party Age
63
Relation
S/o
Party Role
Plaintiff
Party Name
Karthiayani
Party Age
75
Relation
W/o
Party Role
Plaintiff
Party Name
Manoj Kumar
Party Age
45
Relation
S/o
Party Role
Plaintiff
Party Name
M.C.Bindu
Party Age
42
Relation
D/o
Party Role
Plaintiff
Party Name
M.C.Jisha
Party Age
40
Relation
D/o
Party Role
Plaintiff
Party Name
M.C.Nisha
Party Age
40
Relation
D/o
Party Role
Plaintiff
Party Name
M. Vijayalakshmi
Party Age
68
Relation
W/o
Party Role
Plaintiff
Party Name
Sujeesh.P.P
Party Age
40
Relation
S/o
Party Role
Plaintiff
Party Name
Smiji.P
Party Age
32
Relation
D/o
Party Role
Defendant
Party Name
Valsan
Party Age
40
Party Role
Defendant
Party Name
Shyamala
Party Age
35
Relation
D/o
Party Role
Defendant
Party Name
Janaki
Relation
D/o
Party Role
Defendant
Party Name
Thankam
Relation
D/o
Party Role
Defendant
Party Name
Padmavati
Relation
D/o
Plaintiffs Documents
Various certified copies including will, judgments, and property tax receipts.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.{.T.Rajesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Athul.K.P
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Adv.P.G.Anoop Narayanan
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants restrained from trespassing upon plaint schedule properties.
Evidence:
In the result, the suit is decreed with costs as follows: 1) The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing upon plaint schedule properties and from obstructing the peaceful possession and enjoyment of the same by the plaintiffs.

Documents & Evidence

Document Type: Certified copy of Will
Submitted By: Plaintiff
Relevance:
Evidence of ownership and title of plaintiffs regarding schedule properties.
Reference:
Ext.A1
Document Type: Certified copy written statement
Submitted By: Plaintiff
Relevance:
Relevant written statement in earlier proceedings related to the property.
Reference:
Ext.A2
Document Type: Certified Copy of Judgment
Submitted By: Plaintiff
Relevance:
Previous court's judicial decision that impacts the current case.
Reference:
Ext.A3
Document Type: Certified copy of Commission Report
Submitted By: Plaintiff
Relevance:
Details from earlier commission reports essential to the case.
Reference:
Ext.A4
Document Type: Certified copy of Order
Submitted By: Plaintiff
Relevance:
Order related to property issues affecting the plaintiffs.
Reference:
Ext.A5
Document Type: Certified copy of decree
Submitted By: Plaintiff
Relevance:
Decree from previous proceedings highlighting property claims.
Reference:
Ext.A6
Document Type: Certified copy of Order
Submitted By: Plaintiff
Relevance:
Order from appellate authority impacting the parties involved.
Reference:
Ext.A7
Document Type: Certified copy of Commission Report
Submitted By: Plaintiff
Relevance:
Essential commission report concerning the specified properties.
Reference:
Ext.A8
Document Type: Print copies of Judgment
Submitted By: Plaintiff
Relevance:
Judgement documentation relevant to plaintiffs' claims.
Reference:
Ext.A9
Document Type: Certified copy of Preliminary decree
Submitted By: Plaintiff
Relevance:
Preliminary decree impacting the property rights.
Reference:
Ext.A10
Document Type: Certified Copy of Judgment
Submitted By: Plaintiff
Relevance:
High Court judgement relevant to the context of current claims.
Reference:
Ext.A11
Document Type: Certified Copy of Judgment
Submitted By: Plaintiff
Relevance:
Further judgement documentation which aids in plaintiffs' case.
Reference:
Ext.A12
Document Type: Choondi panayam Deed
Submitted By: Plaintiff
Relevance:
Document showing transaction related to property interests.
Reference:
Ext.A13
Document Type: Choondi panayam Deed
Submitted By: Plaintiff
Relevance:
Another critical deed relevant to the property issues at hand.
Reference:
Ext.A14
Document Type: Photocopy of property Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipts as evidence of possession and ownership.
Reference:
Ext.A15
Document Type: Photocopy of property Tax receipt
Submitted By: Plaintiff
Relevance:
Additional tax receipts supporting their claims.
Reference:
Ext.A16
Document Type: Photocopy of property Tax receipt
Submitted By: Plaintiff
Relevance:
Further evidence of prior ownership and claims.
Reference:
Ext.A17
Document Type: Photocopy of property Tax receipt
Submitted By: Plaintiff
Relevance:
Essential tax documentation for property evidence.
Reference:
Ext.A18
Document Type: Certified copy of decree
Submitted By: Plaintiff
Relevance:
Decree from the High Court relevant to the matter.
Reference:
Ext.A19
Document Type: Certified copy of petition deed
Submitted By: Plaintiff
Relevance:
Documentation concerning the legal petition process.
Reference:
Ext.A20
Document Type: Photocopy of Kanam Kacheet
Submitted By: Plaintiff
Relevance:
Historic document impacting current property claims.
Reference:
Ext.A21
Document Type: Photocopy Rough sketch
Submitted By: Plaintiff
Relevance:
Sketch providing context for land and property disputes.
Reference:
Ext.A22
Document Type: Certified copy of delivery order and account
Submitted By: Plaintiff
Relevance:
Evidence of property delivery orders in the legal context.
Reference:
Ext.A23
Document Type: Certified copy of delivery order and account
Submitted By: Plaintiff
Relevance:
Additional delivery order documentation relevant to proceedings.
Reference:
Ext.A24
Document Type: Certified copy of delivery order and account
Submitted By: Plaintiff
Relevance:
Continued evidence supporting the plaintiffs' claims.
Reference:
Ext.A25
Document Type: Certified copy of written statement
Submitted By: Plaintiff
Relevance:
Previous written statement important for context.
Reference:
Ext.A26
Document Type: Certified copy of written statement
Submitted By: Plaintiff
Relevance:
Another written statement corroborating the plaintiffs' position.
Reference:
Ext.A27
Document Type: Certified copy of written statement
Submitted By: Plaintiff
Relevance:
Additional written statement necessary for understanding the case.
Reference:
Ext.A28
Document Type: Certified copy of written statement
Submitted By: Plaintiff
Relevance:
Further evidence through written statements regarding the case.
Reference:
Ext.A29
Document Type: Bill for property tax
Submitted By: Plaintiff
Relevance:
Tax bill related to property ownership.
Reference:
Ext.A30
Document Type: Bill for property tax
Submitted By: Plaintiff
Relevance:
Additional tax bill needed for ownership claims.
Reference:
Ext.A31
Document Type: Photocopy of Adangal
Submitted By: Plaintiff
Relevance:
Essential document regarding land records.
Reference:
Ext.A32
Document Type: Photocopy of Survey sketch
Submitted By: Plaintiff
Relevance:
Survey documentation providing details crucial to the case.
Reference:
Ext.A33
Document Type: Certified copy of Final decree
Submitted By: Plaintiff
Relevance:
Final decree relevant to earlier proceedings.
Reference:
Ext.A34
Document Type: Certified Copy of Judgment
Submitted By: Plaintiff
Relevance:
Judgment documentation providing context to the case.
Reference:
Ext.A35
Document Type: Certified copy of Will Deed
Submitted By: Plaintiff
Relevance:
Will related to property inheritance.
Reference:
Ext.A36
Document Type: Certified copy of Verumbetta Kychit
Submitted By: Plaintiff
Relevance:
Document supporting claims regarding property rights.
Reference:
Ext.A37
Document Type: Certified copy of Adangal of Defendants
Submitted By: Plaintiff
Relevance:
Adangal regarding defendants providing important information.
Reference:
Ext.A38
Document Type: Certified copy of panayam deed
Submitted By: Plaintiff
Relevance:
Documentation relating to property agreements.
Reference:
Ext.A39
Document Type: Commission Report
Submitted By: Court
Relevance:
Court commissioned report providing evidence in the case.
Reference:
Ext.C1
Document Type: Advocate commissioners plan
Submitted By: Court
Relevance:
Commissioner’s plan related to the evidence presented.
Reference:
Ext.C1(a)
Document Type: Commission Report
Submitted By: Court
Relevance:
Additional commission report reviewed in the proceedings.
Reference:
Ext.C2
Document Type: Commissioner’s sketch
Submitted By: Court
Relevance:
Sketch supporting commission reports and evidence.
Reference:
Ext.C2(a)
Document Type: Surveyors Sketch
Submitted By: Court
Relevance:
Sketch from the surveyor relevant to the property disputes.
Reference:
Ext.C2(b)

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 Balakrishnan.P.V et al vs Valsan et al regarding permanent prohibitory injunction
Case Code Year
Case between Balakrishnan.P.V et al vs Valsan et al regarding permanent prohibitory injunction

Quick Facts

Location
KOZHIKODE
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Case Filed
Thu, 03/09/2017 - 12:00
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Sat, 05/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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