Case Summary
The plaintiff, K.P.Madhusudhanan, is seeking a permanent prohibitory injunction against the defendant, K.P.Mani and others, to restrain them from entering the plaint schedule properties. The dispute arises over the rightful ownership and possession of the properties following the death of K.K.Parameswaran and the interpretation of his will.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing into the plaint schedule properties.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully proved his long-standing possession and the validity of the will in his favor.
The plaintiff successfully proved his long-standing possession and the validity of the will in his favor.
Judgment Evidence:
In the result, the plaintiffs in OS768/2021 who are the defendants in OS 838/2021 are restrained from trespassing and encroaching into the plaint A and B schedule properties by a decree of permanent prohibitory injunction.
Parties Involved
Plaintiffs
K.P.Madhusudhanan (64 years)
Kooneth house, Kadungamangalam, Kanayannur taluk, Ernakulam District, Kerala
Defendants
K.P.Mani (68 years)
1/353, Kooneth house, Kadungamangalam, Thiruvankulam P.O, Pin 682 305, Kureekkadu village, Kanayannur taluk, Ernakulam District, Kerala
Akhil (26 years)
1/353, Kooneth house, Kadungamangalam, Kanayannur taluk, Ernakulam District, Kerala
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought permanent prohibitory injunction against the defendant from entering and committing waste in the plaint schedule properties.
Evidence:
Hence the plaintiffs in OS768/2021 who are the defendants in OS 838/2021 are restrained from trespassing and encroaching into the plaint A and B schedule properties by a decree of permanent prohibitory injunction.
Relief Type:
Other
Outcome:
Dismissed
Description:
The plaintiff's suit in OS 768/2021 was dismissed without costs.
Evidence:
OS 768/2021 is dismissed without costs.
Documents & Evidence
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
The document reflects the residence of the plaintiff, his mother, wife, and children along with Sri. Parameswaran.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document evidences the partition of the parental property that devolved to K.K. Parameswaran.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document proves the death of the plaintiff's mother.
Reference:
Ext.A3
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
This true copy of the will evidences that Sri. Parameswaran executed a will in favor of the plaintiff.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document establishes the death of Sri. Parameswaran.
Reference:
Ext.A5
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
This original acknowledgment from the Chottanikkara Police station is related to the complaint made by the plaintiff.
Reference:
Ext.A6
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
This original acknowledgment from SDPO Puthencruz is related to the complaint made by the plaintiff.
Reference:
Ext.A7
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
This original acknowledgment from the District Police Office, Ernakulam is related to the complaint made by the plaintiff.
Reference:
Ext.A8
Document Type:
ID Card
Submitted By:
Defendant
Relevance:
This laminated copy of the ID card is relevant to the defendant's claims.
Reference:
Ext.B1
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
This is the original Partition deed evidencing the ownership and claims of the defendant.
Reference:
Ext.B2
Document Type:
Will
Submitted By:
Defendant
Relevance:
This original will establishes the rights granted to the defendant by Sri. Parameswaran.
Reference:
Ext.B3
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
This document proves the death of Sri. Satyabhama, the wife of Sri. Parameswaran.
Reference:
Ext.B4
Document Type:
Pass Book
Submitted By:
Defendant
Relevance:
This original passbook indicates the joint account held by Parameswaran and provides context to the financial dealings.
Reference:
Ext.B5
Document Type:
Will
Submitted By:
Defendant
Relevance:
This original will is crucial as it devolves the properties upon the defendant after the death of Sri. Parameswaran.
Reference:
Ext.B6
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
This original death certificate is relevant to verifying the death of Sri. Parameswaran.
Reference:
Ext.B7
Document Type:
Pass Book
Submitted By:
Defendant
Relevance:
This original passbook adds to the financial evidence supporting the defendant's claims.
Reference:
Ext.B8
Document Type:
ID Card
Submitted By:
Defendant
Relevance:
This original ID card is helpful in establishing identity and evidence for the defendant.
Reference:
Ext.B9
Document Type:
Decree
Submitted By:
Defendant
Relevance:
This certified copy of the decree confirms past legal determinations relevant to the property.
Reference:
Ext.B10
Document Type:
Pass Book
Submitted By:
Defendant
Relevance:
This original passbook evidences the joint account held at the Federal Bank Ltd. and indicates financial dealings.
Reference:
Ext.B11
Document Type:
ID Card
Submitted By:
Defendant
Relevance:
This original ID card serves as further verification of the defendant's claims.
Reference:
Ext.B12
Document Type:
Invoice
Submitted By:
Defendant
Relevance:
This invoice pertains to the photography and documentation of the plaint schedule properties.
Reference:
Ext.B13
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report provides an official assessment of the property in question.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch illustrates the boundaries and layout of the properties.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
These photographs provide visual evidence related to the property.
Reference:
Ext.C1(b)
Document Type:
CD
Submitted By:
Court
Relevance:
The CD contains multiple photographs relevant to the property assessment.
Reference:
Ext.C1(c)