Case between Kannan et al vs Ajith Kumar regarding injunction

Case Summary

The plaintiffs Kannan and Bhadran are seeking a permanent prohibitory injunction against the defendant Ajith Kumar, who they claim is attempting to encroach upon their property. They allege that the defendant has started construction on their land and fear irreparable loss.

Judgment Outcome

Plaintiff Won

Interim Order

The suit is decreed in favor of the plaintiffs, restraining the defendant from encroaching on the plaintiffs' property and destroying its boundaries.

Judgment Favored

Plaintiff

Relief Granted

The defendant is restrained from taking soil from the eastern side of the plaint schedule property and destroying its boundaries. The plaintiffs are entitled to realize costs of the suit from the defendant.

Case Type

Civil Suit

Final Judgment

No

The suit is decreed in favor of the plaintiffs, restraining the defendant from encroaching on the plaintiffs' property and destroying its boundaries.

Why Plaintiff Won:
The plaintiffs have succeeded in proving their case by producing credible evidence and there was no evidence to refute their claims.

Losing Side's Weaknesses:
Not available

Supporting Evidence

By producing Exts. A1 and A2 and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiffs.

Judgment Evidence:

In the result, this suit is decreed as follows: (i) The defendant is hereby restrained from taken soil from the eastern side of the plaint schedule property and also restrained from destroying the boundaries of the plaint schedule property.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Kannan
Party Age: 36
Relation: S/o

Party Role: Plaintiff
Party Name: Bhadran
Party Age: 40
Relation: S/o

Party Role: Defendant
Party Name: Ajith Kumar
Party Age: 36
Relation: S/o

Plaintiffs Documents

Certified copy of Sale Deed No. 2856/2011, Tax receipt issued from Vadakkevila Village Office

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sisil Fernandez
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: G. Gopakumar
Appearance Type: Main Counsel

Reliefs

Relief Type: Permanent Injunction

Outcome: Granted

Description:

The defendant is restrained from taking soil from the eastern side of the plaint schedule property and from destroying the boundaries.

Evidence:

In the result, this suit is decreed as follows: (i) The defendant is hereby restrained from taken soil from the eastern side of the plaint schedule property and also restrained from destroying the boundaries of the plaint schedule property.

Relief Type: Other

Outcome: Granted

Description:

The plaintiffs are entitled to realise costs of the suit from the defendant.

Evidence:

Moreover, the plaintiffs are entitled to realise costs of the suit from the defendant.

Documents & Evidence

Document Type: Sale deed

Submitted By: Plaintiff

Relevance:

Certified copy of Sale Deed No.2856/2011 dated 24/08/2011 as proof of ownership of the plaint schedule property.

Reference:

Ext.A1

Document Type: Tax receipt

Submitted By: Plaintiff

Relevance:

Tax receipt dated 06/04/2022 issued from Vadakkevila Village in the name of the plaintiffs as evidence of property possession.