Case Summary
The plaintiffs, Basil N. Paul and Jibi Kurian, are seeking a permanent prohibitory injunction against the defendant, Sasi, to prevent him from encroaching on their property. The court found in favor of the plaintiffs, noting their possession and the defendant's attempts to intrude.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent Prohibitory Injunction from encroaching into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendant. The court found that the plaintiffs had rightful possession of the property and that the defendant attempted to encroach upon it.
Why Plaintiff Won:
The plaintiffs proved their possession and apprehension of trespass by the defendant.
The plaintiffs proved their possession and apprehension of trespass by the defendant.
Losing Side's Weaknesses:
The plaintiffs proved their possession and apprehension of trespass by the defendant.
The plaintiffs proved their possession and apprehension of trespass by the defendant.
Supporting Evidence
It is found that the plaintiffs have proved their possession over plaint schedule property. It is further found that the plaintiffs have also proved their apprehension that the defendant will trespass into the plaint schedule property by damaging its boundaries in order to open a pathway there.
Judgment Evidence:
In the result, the suit is decreed. The defendant is restrained by way of Permanent Prohibitory Injunction from encroaching into the plaint schedule property, cutting opening a new way through the plaint schedule property and damaging the compound wall or iron wire fencing on the boundaries of plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Basil N. Paul
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jibi Kurian
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sasi
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Certified copies of Deed No.251/2017, Deed No.2164/2018, Deed No.2165/2018, Tax receipts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M/s. K.A. Benny and Alias P.V.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M/s. P.G. Dileepkumar, Linoy K Peter and Satheesh V.T.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained by way of Permanent Prohibitory Injunction from encroaching into the plaint schedule property, cut opening a new way through the plaint schedule property and damaging the compound wall or iron wire fencing on the boundaries of plaint schedule property.
Evidence:
The plaintiffs are entitled to get a decree of permanent prohibitory injunction as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.251/2017 of SRO, Puthencruz.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.2164/2018 of SRO, Puthencruz.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.2165/2018 of SRO, Puthencruz.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt issued by Aikkaranad South village.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt issued by Aikkaranad South village.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt issued by Aikkaranad South village.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Adv. Commissioner Silvi V John.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch submitted by Adv. Commissioner Silvi V John.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Adv. Commissioner Silvi V John.
Reference:
Ext.C2
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch submitted by Adv. Commissioner Silvi V John.
Reference:
Ext.C2(a)
Document Type:
Photos
Submitted By:
Court
Relevance:
Photos (13 Nos) dated 30.03.2021.
Reference:
Ext.C2(a)1 to C2(a)13
Document Type:
Compact Disc
Submitted By:
Court
Relevance:
Compact Disc (2 Nos).
Reference:
Ext.C2(b) & C2(b)1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The evidence in this case consists of oral testimonies of PW1 and PW2.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Basil N. Paul et al vs Sasi regarding Permanent Prohibitory Injunction
Case Code Year
Case between Basil N. Paul et al vs Sasi regarding Permanent Prohibitory Injunction