Case Summary
The plaintiffs, Kousalya and Sulaja, sought a permanent prohibitory injunction against the defendants, Lekshmikutty and others, alleging trespass and an attempt to create a pathway through their property. The case involves property rights and boundaries concerning a piece of land in Mangadu Village.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their men are restrained from trespassing into the plaint schedule property, from cutting any pathway through the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, restraining the defendants from trespassing on the plaintiffs' property and interfering with it.
Why Plaintiff Won:
The plaintiffs established a potential threat against their legal rights concerning the property.
The plaintiffs established a potential threat against their legal rights concerning the property.
Losing Side's Weaknesses:
The plaintiffs established a potential threat against their legal rights concerning the property.
The plaintiffs established a potential threat against their legal rights concerning the property.
Supporting Evidence
The apprehension of plaintiffs is genuine. Here, the plaintiffs had established that there is a potential threat against them and that the defendants are under a legal obligation to not to disturb the plaintiffs.
Judgment Evidence:
In the result, the suit is decreed as follows:- (I) The defendants and their men are restrained from trespassing into the plaint schedule property, from cutting any pathway through the plaint schedule property, from destroying the boundaries of the plaint schedule property or from committing waste or mischief therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kousalya
- Party Age
- 70
- Relation
- W/o.Late Manoharan
- Party Role
- Plaintiff
- Party Name
- Sulaja
- Party Age
- 40
- Relation
- W/o.Sajikumar
- Party Role
- Defendant
- Party Name
- Lekshmikutty
- Party Age
- 80
- Party Role
- Defendant
- Party Name
- Lalitha
- Party Age
- 55
- Relation
- D/o.Lekshmikutty
- Party Role
- Defendant
- Party Name
- Syamlal
- Party Age
- 30
- Relation
- S/o.Lalitha
- Party Role
- Defendant
- Party Name
- Sari
- Party Age
- 27
- Relation
- D/o.Lalitha
Plaintiffs Documents
Certified copy of sale deed No.3076/1978, Certified copy of settlement deed No.834/2013, Tax receipt No.3748067, Tax receipt No.3748066, Tax receipt No.KL02030909345/2021, Tax receipt No.KL02030900392/2024
Defendants Documents
Certified copy of Partition Deed No.4644/1966
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Veliyam K.S. Rajeev
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sasidharan R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are restrained from trespassing into the plaint schedule property and from cutting any pathway through it.
Evidence:
In the result, the suit is decreed as follows: (I) The defendants and their men are restrained from trespassing into the plaint schedule property, from cutting any pathway through the plaint schedule property...
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to realise costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The sale deed outlines the ownership of the plaint schedule property obtained by the father of the 2nd plaintiff.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The settlement deed relates to the transfer of the plaint schedule property to the 2nd plaintiff.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The tax receipt confirms the property mutation under thandaper number 8886.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This receipt shows the land tax paid for the property mutated in the name of Manoharan.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The tax receipt evidences land tax payment for an extent of 3 Ares 70 sq. meters.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This receipt again confirms the land tax paid by the 2nd plaintiff.
Reference:
Ext.A6
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
The partition deed includes provisions regarding a pathway benefitting the owners of the first schedule property.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court's commission report provides a description of boundaries separating plaintiffs and defendants' properties.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Kousalya et al vs Lekshmikutty et al regarding permanent prohibitory injunction
Case Code Year
Case between Kousalya et al vs Lekshmikutty et al regarding permanent prohibitory injunction