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
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.
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.
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