Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No. 1004 of 2018

Case between K.N Harikrishnan vs Rajan regarding permanent prohibitory injunction

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-03-30
Duration
approximately-5 years 8 months
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

K.N Harikrishnan filed a suit against Rajan regarding the obstructive behavior of the defendant's rickshaws near the plaintiff's property. The plaintiff sought a permanent prohibitory injunction to prevent this obstruction.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant. The plaintiff was also awarded costs for the suit.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from trespassing into the plaint schedule property.
Case Type
Injunction
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant. The plaintiff was also awarded costs for the suit.
Why Plaintiff Won:
The court found the plaintiff's evidence and claims to be unrefuted.
Losing Side's Weaknesses:
The court found the plaintiff's evidence and claims to be unrefuted.
Supporting Evidence
From the unrebutted evidence of PW1 and Ext.A1 and A2 documents and Ext.C1 and C1(a) commission report produced, the plaint averments stands proved.

Judgment Evidence:

In the result, suit is decreed as follows: A) The defendant and his agents are restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property or from constructing structures or parking any vehicles/rikshaws in the plaint schedule property or public roads on the northern and western sides of plaint schedule property so as to cause obstruction to the free ingress and egress to the plaint schedule property from the roads.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.N Harikrishnan
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
Rajan
Plaintiffs Documents
Certified copy of the Sale deed No. 1196/2015, Land tax receipt issued by Nadama Village Office.
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Shaji Thankappan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Yemuna.P.
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Requested a permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property.
Evidence:
The defendant and his agents are restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property or from constructing structures or parking any vehicles/rikshaws in the plaint schedule property.
Relief Type: Costs
Outcome: Granted
Description:
Requested to get the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to get the costs of the suit from the defendant.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of the Sale deed No. 1196/2015 indicating the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Land tax receipt issued by Nadama Village Office providing evidence of the plaintiff's ownership.
Reference:
Ext.A2
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report filed by Adv. Aancil V.H. that was used to support the plaintiff's case.
Reference:
Ext.C1
Document Type: Photographs
Submitted By: Court
Relevance:
Photographs that were marked as evidence to support the commission report.
Reference:
Ext.C1(a)

Case Classification

Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between K.N Harikrishnan vs Rajan regarding permanent prohibitory injunction
Case Code Year
Case between K.N Harikrishnan vs Rajan regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 08/01/2018 - 12:00
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between Santharam et al vs R. Ramesh et al regarding injunction
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Injunction Plaintiff Won
Case between V. N Ranganathan vs Sajeevan et al regarding injunction and consequential relief
THE PRINCIPAL MUNSIFF, ERNAKULAM
Injunction Defendant Won
Case between Jose John vs Golden Metro Apartment Owners Association et al regarding violations of association bylaws and waste collection
MUNSIFF COURT, ERNAKULAM
Injunction Plaintiff Won
Case between K.S. Vinod vs Dr. S. Satish Bhat et al regarding permanent prohibitory injunction
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Injunction Plaintiff Won
Case between Shyju Antony vs The Apostolic Administrator et al regarding appointments of Chancellor & Finance Officer
The Court of the Munsiff, Ernakulam
Injunction Defendant Won