Case Summary
The plaintiffs, B.Sujatha and K.Shaji Kumar, are seeking a permanent prohibitory injunction against the defendant, K.Shaji, who is trying to gain access to their property. The court found in favor of the plaintiffs, affirming their ownership rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from trespassing into the plaint A schedule property or B schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, restraining the defendant from interfering in their possession of the property. The defendant was also ordered to pay costs to the plaintiffs.
Why Plaintiff Won:
The plaintiffs proved their ownership and possession over the plaint A schedule property with unchallenged evidence.
The plaintiffs proved their ownership and possession over the plaint A schedule property with unchallenged evidence.
Losing Side's Weaknesses:
The plaintiffs proved their ownership and possession over the plaint A schedule property with unchallenged evidence.
The plaintiffs proved their ownership and possession over the plaint A schedule property with unchallenged evidence.
Supporting Evidence
From the oral and documentary evidence adduced from the side of plaintiffs, the plaintiffs’ ownership and possession over the plaint A schedule property is proved. The evidence of plaintiff remains unchallenged.
Judgment Evidence:
In the result, The suit is decreed with costs as follows: (i) The defendants are restrained from trespassing into the plaint A schedule property or B schedule pathway, committing any waste therein, demolishing or destructing any boundary portion of B schedule pathway or A schedule property, making any destruction to the B schedule pathway, altering the same, demolishing the boundary wall available in the north and south sides of the B schedule pathway and from doing anything which is detrimental to the ownership, enjoyment and possession of the plaintiff over the plaint A schedule property, enjoyment, usage rights of the plaintiff over the B schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B.Sujatha
- Party Age
- 63
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- K.Shaji Kumar
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.Shaji
- Party Age
- 42
Plaintiffs Documents
Certified Copy of Sale Deed No.1358/91 dated 17/04/1991, Tax Receipt dated 08/05/2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Arun. I.Sreedhar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Bilahari.G.R.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jomy.J.M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Aravind.T.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against the defendant from trespassing into the plaint A schedule property or B schedule pathway.
Evidence:
The defendants are restrained from trespassing into the plaint A schedule property or B schedule pathway, committing any waste therein, demolishing or destructing any boundary portion of B schedule pathway or A schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit from the defendants.
Evidence:
Considering the facts and circumstances, the plaintiff is entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed evidencing the plaintiffs' ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt supporting the plaintiffs' claim of possession.
Reference:
Ext.A2
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Report by the advocate commissioner identifying the plaint B schedule property and confirming details about access.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch provided by the advocate commissioner related to the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between B.Sujatha vs K.Shaji regarding permanent prohibitory injunction
Case Code Year
Case between B.Sujatha vs K.Shaji regarding permanent prohibitory injunction