Case Summary
The plaintiffs, Heorld.P and Jayamery.P, seek to restrain the defendants from trespassing and disturbing their peaceful possession of the property. The case involves issues of property ownership and alleged harassment by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing and making obstructions.
Case Type
Injunction
Final Judgment
No
The suit is decreed in favor of the plaintiffs. The defendants are permanently restrained from trespassing onto the plaintiffs' property or obstructing their enjoyment of it.
Why Plaintiff Won:
The plaintiffs provided unchallenged evidence establishing their ownership and possession of the property.
The plaintiffs provided unchallenged evidence establishing their ownership and possession of the property.
Losing Side's Weaknesses:
The plaintiffs provided unchallenged evidence establishing their ownership and possession of the property.
The plaintiffs provided unchallenged evidence establishing their ownership and possession of the property.
Supporting Evidence
The evidence of PW1 coupled with Ext. A1 to A3 documents would prove the apprehension of the plaintiffs regarding trespass into the plaint schedule property by the defendants. The plaintiffs' case stands proved and unchallenged by the pleadings and evidences.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1.The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from making any obstructions to the peaceful possession and enjoyment of plaint schedule property and the building therein by the plaintiffs and also from committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Heorld.P
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jayamery.P
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Angel.P.
- Party Age
- 26
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Johnson
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Mercy
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jerin
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Ext. A1 sale deed No. 5009/1995, Ext. A2 Land tax receipt dated 30/06/2023, Ext. A3 building tax receipt dated 14/11/2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S.Kalesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- F. Casteless Junior
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property.
Evidence:
The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from making any obstructions to the peaceful possession and enjoyment of plaint schedule property and the building therein by the plaintiffs and also from committing any waste therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiffs' ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows the plaintiffs are remitting land tax for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Further supports the plaintiffs' ownership of the property.
Reference:
Ext.A3
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Heorld.P vs Angel.P. regarding Injunction
Case Code Year
Case between Heorld.P vs Angel.P. regarding Injunction