Case Summary
Jithkumar.B is seeking a permanent prohibitory injunction against Thankappan.P and Ani. The case revolves around the plaintiff's claim of ownership and possession of property that is being threatened by the defendants' actions to trespass and demolish boundary walls.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants and their men are permanently restrained from trespassing into the plaint schedule property and from demolishing the boundary wall.
Case Type
Injunction
Final Judgment
No
The court decreed the suit in favor of the plaintiff, providing him with relief against the defendants regarding trespassing and demolition of the boundary wall.
Why Plaintiff Won:
Plaintiff proved his right and possession over the plaint schedule property.
Plaintiff proved his right and possession over the plaint schedule property.
Losing Side's Weaknesses:
Plaintiff proved his right and possession over the plaint schedule property.
Plaintiff proved his right and possession over the plaint schedule property.
Supporting Evidence
Plaintiff proved his right and possession over the plaint schedule property. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from demolishing the boundary wall of the property to widen the pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jithkumar.B
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thankappan.P
- Party Age
- 75
- Party Role
- Defendant
- Party Name
- Ani
- Party Age
- 50
Plaintiffs Documents
Photocopy of Sale Deed No. 1978/2018 of Kollam SRO, Tax Receipt, Receipt from Kollam Corporation, Sale Deed No. 1465/03 of Kollam SRO, Copy of Sale Deed No. 4107/1985 of Kollam SRO
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jayachandra Tilak.B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vinitha Vincent
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ganga Ramanan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanently restraining the defendants from trespassing into the plaint schedule property and demolishing the boundary wall.
Evidence:
The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from demolishing the boundary wall of the property to widen the pathway.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim of the plaintiff regarding payment of land tax.
Reference:
Ext.A2
Document Type:
Receipt from Corporation
Submitted By:
Plaintiff
Relevance:
Further corroborates the plaintiff's claims.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes the transfer of property ownership in history.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Demonstrates the lineage of property ownership.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains findings from the commissioner's visit to the plaintiff's property.
Reference:
Ext.C1
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Jithkumar.B vs Thankappan.P et al regarding Injunction
Case Code Year
Case between Jithkumar.B vs Thankappan.P et al regarding Injunction