Case Summary
The case involves a counter claim filed by the defendant seeking a permanent prohibitory injunction against the original plaintiff. The plaintiff had previously sought a declaration and injunction but later chose to withdraw the suit with liberty to file a fresh suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Counter claim defendant and his men are hereby restrained from trespassing into the counter-claim schedule property.
Case Type
Civil Suit
Final Judgment
No
The counter-claim was decreed in favor of the plaintiff, restraining the defendants from trespassing into the counter-claim schedule property.
Why Plaintiff Won:
The counter-claim plaintiff established ownership and continuous possession of the counter-claim property.
The counter-claim plaintiff established ownership and continuous possession of the counter-claim property.
Losing Side's Weaknesses:
The counter-claim plaintiff established ownership and continuous possession of the counter-claim property.
The counter-claim plaintiff established ownership and continuous possession of the counter-claim property.
Supporting Evidence
The counter-claim plaintiff has proved his title and possession over the counter-claim scheduled property by producing Ext. B1 to B4 documents.
Judgment Evidence:
In the result, the counter-claim is decreed as follows: (1) Counter claim defendant and his men are hereby restrained from trespassing into the counter-claim schedule property or causing any damages therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayakumar
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gopinathan.V
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ponnamma
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- G.Anilkumar
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- G.Sunilkumar
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sujatha.P.
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Original Sale deed no.3504/2000, Tax Receipts, Possession Certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sankaranarayana Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Suresh Kumar S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Counter claim plaintiff sought a permanent prohibitory injunction against the counter-claim defendant.
Evidence:
The apprehension of counter claim plaintiff is genuine. Here, the counter claim plaintiff had established that there is a potential threat against him and that the counter claim defendants are under a legal obligation to not to disturb the counter claim plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Counter claim plaintiff entitled to realise costs of the counter-claim from the counter-claim defendant.
Evidence:
The counter-claim plaintiff is entitled to realise costs of the counter-claim from the counter-claim defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original Sale deed no.3504/2000 establishing ownership of the counter-claim schedule property.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt establishing payment of land tax for the counter-claim property.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Series of tax receipts establishing continued payment of land tax.
Reference:
Ext.B3 Series
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession Certificate issued confirming possession of the property.
Reference:
Ext.B4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original Sale deed No.1940/1983 regarding the counter-claim property.
Reference:
Ext.B5
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint lodged regarding illegal activities by the counter-claim defendant.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Adv. Commissioner concerning the counter-claim schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Jayakumar vs Gopinathan et al regarding permanent prohibitory injunction.
Case Code Year
Case between Jayakumar vs Gopinathan et al regarding permanent prohibitory injunction.