Case Summary
The plaintiff Dileep K J is seeking a permanent prohibitory injunction against the defendants Raju and his family members, who are allegedly threatening to encroach upon his property. The plaintiff claims ownership of the land and seeks to prevent defendants from trespassing and demolishing his property boundary.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction against the defendants from trespassing and demolishing the property boundary.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiff, permanently restraining the defendants from trespassing and demolishing the eastern boundary of the plaint schedule property.
Why Plaintiff Won:
The plaintiff’s ownership and possession of the plaint schedule property were substantiated by evidence.
The plaintiff’s ownership and possession of the plaint schedule property were substantiated by evidence.
Losing Side's Weaknesses:
The plaintiff’s ownership and possession of the plaint schedule property were substantiated by evidence.
The plaintiff’s ownership and possession of the plaint schedule property were substantiated by evidence.
Supporting Evidence
The plaintiff's case stands proved and unchallenged by the pleadings and evidences. Hence, the plaintiff is entitled to get the reliefs as sought for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from demolishing the eastern boundary of the property and from encroaching upon the property for widening the existing pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dileep K J
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Raju
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mercy
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rajesh
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayesh
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jasmine
- Party Age
- 52
- Relation
- D/o
Plaintiffs Documents
Settlement deed No. 2065/2016, Correction deed No. 3190/2016, Correction deed No. 513/2017, Land tax receipt dated 18/04/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I. Sowfiuar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Moti.V.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.L. Baby
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanently restraining the defendants from trespassing and demolishing boundaries.
Evidence:
The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from demolishing the eastern boundary of the property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Entitled to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff is the absolute owner in possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Correction Deed
Submitted By:
Plaintiff
Relevance:
Supports the ownership claim of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Correction Deed
Submitted By:
Plaintiff
Relevance:
Further supports the ownership claim of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates that the plaintiff is remitting land tax for the plaint schedule property.
Reference:
Ext.A4
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Provides visual evidence supporting the plaint claim.
Reference:
Ext.A5
Document Type:
Compact Disc
Submitted By:
Plaintiff
Relevance:
Contains a receipt and additional evidence supporting the plaint claim.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Identifies the boundaries and existing footway of plaint schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Dileep K J vs Raju et al regarding Permanent Prohibitory Injunction
Case Code Year
Case between Dileep K J vs Raju et al regarding Permanent Prohibitory Injunction