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
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.
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
Plaintiffs
K.N Harikrishnan (48 years)
TFJ, Lekha Apartment, Near Poornathrayeesa Temple, Nadama Village, Thripunithura, Pin 682301
Defendants
Rajan (Age not specified years)
Lottery Agent, Palace Road, Thripunithura, Ernakulam District, Pin 682301
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)