Case Summary
The plaintiffs, Jayaprakash Nair and Chandralekha, are involved in a suit against the defendant, Raju.C, regarding a property dispute. They seek a permanent injunction to prevent the defendant from encroaching on their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiffs, restraining the defendant from encroaching upon the plaint schedule property.
Why Plaintiff Won:
The plaintiffs established their case through unchallenged oral and documentary evidence.
The plaintiffs established their case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiffs established their case through unchallenged oral and documentary evidence.
The plaintiffs established their case through unchallenged oral and documentary evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiffs, the plaintiffs have established their case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendant is restrained from encroaching into the plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayaprakash Nair
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Chandralekha
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Raju.C
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed No. 2642/2012 of Varkala S.R.O., Tax receipt No. KL01060303284/2023 of Cherunniyoor Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Sunil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Javad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction restraining the defendant from encroaching into the plaint schedule property.
Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendant is restrained from encroaching into the plaint schedule property and committing any act of waste therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed of the property in dispute.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt evidencing the plaintiffs' possession of the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted regarding the property boundaries.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch illustrating the property boundaries.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Jayaprakash Nair et al vs Raju.C regarding granting a decree of permanent prohibitory injunction
Case Code Year
Case between Jayaprakash Nair et al vs Raju.C regarding granting a decree of permanent prohibitory injunction