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O.S No. 849/2021

Case between Dileep Kumar T.P vs T.R.Suresh regarding permanent prohibitory injunction

Court
I Additional Munsiff, Ernakulam
Judge
Sri. Padmakumar.G.
Order Date
2024-02-13
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Dileep Kumar T.P, the plaintiff, sought a permanent prohibitory injunction against T.R.Suresh, the defendant, to prevent him from trespassing on his property and demolishing a compound wall. The case arose from a dispute over a pathway and property ownership following a partition deed.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the plaintiff a permanent prohibitory injunction, preventing the defendant from trespassing into the plaintiff's property and demolishing the compound wall. The suit was decreed with costs.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from trespassing into the plaint schedule property and demolishing the compound wall.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff a permanent prohibitory injunction, preventing the defendant from trespassing into the plaintiff's property and demolishing the compound wall. The suit was decreed with costs.
Why Plaintiff Won:
The plaintiff successfully established ownership of the property and the right to protect it from trespass.
Losing Side's Weaknesses:
The plaintiff successfully established ownership of the property and the right to protect it from trespass.
Supporting Evidence
The plaintiff is the absolute owner in possession of 1.65 Ares in survey No.1309/1-5 and 1310/1-3 of Poonithura village obtained by the plaintiff by virtue of the registered partition deed marked as Ext.A1.

Judgment Evidence:

In the result, it is decreed by an order of permanent prohibitory injunction restraining the defendant, his men and agents from trespassing into the plaint schedule property and demolishing the compound wall situated on the northern side of the plaint schedule property.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Dileep Kumar T.P
Party Age
57
Relation
S/o
Party Role
Defendant
Party Name
T.R.Suresh
Party Age
43
Relation
S/o
Plaintiffs Documents
Certified copy of partition deed No. 2077/1990, Basic Tax receipt, Copy of complaint, Postal receipt, Approved plan
Defendants Documents
Judgment in WP(C) No. 13142/2021, Copy of complaint to Secretary, Kochi corporation, Counter receipt from Kochi corporation, Reply from Kochi Municipal corporation

Advocates

Party Role
Plaintiff
Advocate Name
Pramod Kochuthomman E
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Subin K Sudheer
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sibi Thomas Jacob
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction restraining the defendant from trespassing into the plaint schedule property.
Evidence:
It is decreed by an order of permanent prohibitory injunction restraining the defendant, his men and agents from trespassing into the plaint schedule property.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Certified copy of partition deed establishing the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type: Basic Tax Receipt
Submitted By: Plaintiff
Relevance:
Proves payment of tax for the property by the plaintiff.
Reference:
Ext.A2
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
Copy of the complaint lodged with the Corporation regarding the defendant's actions.
Reference:
Ext.A3
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Acknowledges dispatch of the complaint before the Corporation of Cochin.
Reference:
Ext.A4
Document Type: Approved Plan
Submitted By: Plaintiff
Relevance:
Shows that the compound wall was constructed as per the approved plan from the Corporation.
Reference:
Ext.A5
Document Type: Commission Report
Submitted By: Court
Relevance:
Report from the advocate commissioner regarding the property and construction status.
Reference:
Ext.C1
Document Type: Judgment in Writ Petition
Submitted By: Defendant
Relevance:
Judgment recording the submission by the Corporation regarding the plaintiff's actions.
Reference:
Ext.B1
Document Type: Complaint
Submitted By: Defendant
Relevance:
Complaint lodged by the defendant with the Secretary of Kochi Corporation.
Reference:
Ext.B2
Document Type: Counter Receipt
Submitted By: Defendant
Relevance:
Receipt of the complaint made to the Corporation by the defendant.
Reference:
Ext.B3
Document Type: Reply from Kochi Municipal Corporation
Submitted By: Defendant
Relevance:
Response from the Kochi Municipal Corporation regarding the issues raised.
Reference:
Ext.B4
Document Type: Counter Receipt
Submitted By: Defendant
Relevance:
Receipt from Kochi Municipal Corporation related to complaints made.
Reference:
Ext.B5

Case Classification

Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Dileep Kumar T.P vs T.R.Suresh regarding permanent prohibitory injunction
Case Code Year
Case between Dileep Kumar T.P vs T.R.Suresh regarding permanent prohibitory injunction

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Thu, 02/01/2024 - 12:00
To
Thu, 02/29/2024 - 12:00
Outcome Confidence
100%

Involved Entities

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