Case Summary
D.K. Babu filed a suit against Sudha Kumari for a permanent prohibitory injunction to prevent her from encroaching on a shared access way. The plaintiff claims his right to use the way has been threatened by the defendant's actions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained from making any encroachment into the plaint B schedule way.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of D.K. Babu, restraining Sudha Kumari from encroaching on the plaint B schedule way. The plaintiff was also entitled to recover costs from the defendant.
Why Plaintiff Won:
Plaintiff proved ownership and uncontested possession over the plaint A schedule property.
Plaintiff proved ownership and uncontested possession over the plaint A schedule property.
Losing Side's Weaknesses:
Plaintiff proved ownership and uncontested possession over the plaint A schedule property.
Plaintiff proved ownership and uncontested possession over the plaint A schedule property.
Supporting Evidence
From the oral and documentary evidence adduced from the side of plaintiff, the plaintiffs’ ownership and possession over the plaint A schedule property is proved by Exts.A1 and A2 and the oral evidence of PW1.
Judgment Evidence:
The suit is decreed as follows: (I) The defendant is restrained from making any encroachment into the plaint B schedule way, from doing anything detrimental to the plaintiff’s right of using the plaint B schedule way...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- D.K. Babu
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudha Kumari
- Party Age
- 60
- Relation
- D/o
Plaintiffs Documents
Certified copy of Sale Deed No. 1256/2006, Copy of Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Hari S.Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Subha.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sidharth.V.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from making any encroachment into the plaint B schedule way.
Evidence:
The defendant is restrained from making any encroachment into the plaint B schedule way, from doing anything detrimental to the plaintiff’s right of using the plaint B schedule way and further from doing anything detrimental to the existence of the plaint B schedule way.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit to be realised 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:
Proves the plaintiff's ownership and possession over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim regarding the property.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony of PW1 supporting the plaintiff's claims.
Reference:
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 D.K. Babu vs Sudha Kumari regarding permanent prohibitory injunction
Case Code Year
Case between D.K. Babu vs Sudha Kumari regarding permanent prohibitory injunction