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
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
Why Plaintiff Won:
The plaintiff successfully established ownership of the property and the right to protect it from trespass.
The plaintiff successfully established ownership of the property and the right to protect it from trespass.
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
Plaintiffs
Dileep Kumar T.P (57 years years)
Ashik Bhavan villa No. 16, vinayakal Palace Orchads, Eroor P.O, Pin – 682 306
Defendants
T.R.Suresh (43 years years)
Thottupurath, H.No. 50/170, Poonithura, Ernakulam, pin – 682 030
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