Case Summary
The plaintiff, Chandran, is seeking a permanent prohibitory injunction against the defendant, Rilesh, who allegedly trespassed and attempted to obstruct religious activities on the plaintiff's property. The plaintiff claims ownership of the property and a history of performing poojas there.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant and costs of the proceedings to the plaintiff
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting a permanent injunction against the defendant to prevent further trespassing and obstruction of religious practices.
Why Plaintiff Won:
The court established the plaintiff's ownership and possession over the property through substantial evidence.
The court established the plaintiff's ownership and possession over the property through substantial evidence.
Losing Side's Weaknesses:
The court established the plaintiff's ownership and possession over the property through substantial evidence.
The court established the plaintiff's ownership and possession over the property through substantial evidence.
Supporting Evidence
The ownership and possession of the plaintiff over the plaint schedule property is proved by the exhibit A1, A2 document and exhibit C1 series report and plan of the advocate commissioner.
Judgment Evidence:
In the result, the defendant, his men and agents are hereby restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property and obstructing the plaintiff from conducting pooja in the deva prathistha in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chandran
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rilesh
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Deed No.2303/2021 of SRO Chathamangalam, Tax receipt dated 23.06.2022 issued from Village Office Kunnamangalam
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Abdul Azeez
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. P. K. Sreekumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant, his men and agents are restrained from trespassing into the plaint schedule property and obstructing the plaintiff from conducting pooja.
Evidence:
The defendant, his men and agents are hereby restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property and obstructing the plaintiff from conducting pooja in the deva prathistha in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall also pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Proved ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supported the ownership claim of the plaintiff.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided evidence of the plaint schedule property boundaries and the existence of the Nagaprathishta.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Accompanied the commission report and illustrated the property layout.
Reference:
Ext.C1(a)
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 Chandran vs Rilesh regarding permanent prohibitory injunction
Case Code Year
Case between Chandran vs Rilesh regarding permanent prohibitory injunction