Case Summary
The plaintiff, Harish Kumar Pranlal, is in a dispute with his son, daughter-in-law, and grandson regarding his right to possess his property. The case involves threats from the defendants to dispossess the plaintiff from the plaint schedule property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent property injunction is passed restraining the defendants from forcefully entering into the plaint schedule property and from dispossessing the plaintiff from the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction preventing the defendants from forcefully entering or dispossessing the plaintiff from the property. The case is based on evidence provided by the plaintiff about his rights over the property.
Why Plaintiff Won:
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has given evidence in support of his plaint claim, in his affidavit in lieu of chief examination. It is clear that the defendants have no right over the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows. (a) A decree of permanent property injunction is passed restraining the defendants from forcefully entering into the plaint schedule property, residing there and from dispossessing the plaintiff from the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Harish Kumar Pranlal
- Party Age
- 79
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Amit Chhabani
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Parul Madhavani
- Party Age
- 46
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Yog Chhabani
- Party Age
- 21
- Relation
- S/o
Plaintiffs Documents
Sale Deed bearing No. 1776/2002, Death Certificate issued by Cochin Corporation, Property Tax Receipt issued by Kochi Municipal Corporation
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sreejith M.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Babilu Baby
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandhya C. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K. G Sarathkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction restraining the defendants from forcefully entering into the plaint schedule property.
Evidence:
A decree of permanent property injunction is passed restraining the defendants from forcefully entering into the plaint schedule property, residing there and from dispossessing the plaintiff from the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction restraining the defendants from doing acts detrimental to the plaintiff's peaceful possession.
Evidence:
A decree of permanent property injunction is passed restraining the defendants from doing any act, which is detrimental to the plaintiff's peaceful possession and enjoyment of the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Parties to suffer respective costs of the suit.
Evidence:
The parties are directed to suffer their respective costs to the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Indicates ownership of the plaint schedule property by the plaintiff.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Provides proof of the death of the plaintiff's wife, impacting possession claims.
Reference:
Ext.A2
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff is paying taxes for the plaint schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Presented evidence relevant to the court's decision.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
Supporting evidence for the plaintiff's claims, subject to proof.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Harish Kumar Pranlal vs Amit Chhabani et al regarding permanent prohibitory injunction
Case Code Year
Case between Harish Kumar Pranlal vs Amit Chhabani et al regarding permanent prohibitory injunction