Case Summary
The plaintiff, Krishnakumar, seeks a permanent prohibitory injunction against the defendants, Rajamma Amma, Manukumar, and Mithunkumar, to restrain them from alienating or encumbering a property. The case arises from a dispute over ownership and rights pertaining to a property originally conveyed to the plaintiff by the first defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are permanently restrained from alienating, pledging, and mortgaging the plaint schedule property without the consent of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent injunction against the defendants from alienating or encumbering the property in question.
Why Plaintiff Won:
The evidence of the plaintiff, coupled with supporting documents, proved that the defendants were attempting to encumber the property contrary to the plaintiff's rights.
The evidence of the plaintiff, coupled with supporting documents, proved that the defendants were attempting to encumber the property contrary to the plaintiff's rights.
Losing Side's Weaknesses:
The evidence of the plaintiff, coupled with supporting documents, proved that the defendants were attempting to encumber the property contrary to the plaintiff's rights.
The evidence of the plaintiff, coupled with supporting documents, proved that the defendants were attempting to encumber the property contrary to the plaintiff's rights.
Supporting Evidence
The evidence adduced by the plaintiff evince that the trespass and committing mischief by the defendants over the plaint schedule property are well founded. There is no contra evidence to prove otherwise. Plaintiff’s case stands proved and unchallenged by the pleadings and evidences.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendants are permanently restrained from alienating, pledging and mortgaging the plaint schedule property without the consent of the plaintiff and from creating any encumbrance over it and also from causing any loss or damage to the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Krishnakumar
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajamma Amma
- Party Age
- 75
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Manukumar
- Party Age
- 23
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mithunkumar
- Party Age
- 20
- Relation
- S/o
Plaintiffs Documents
Original Sale Deed No. 2440/2009, Land Tax Receipt, Original Sale Deed No. 2489/2007
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kannan.M.Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are permanently restrained from alienating, pledging and mortgaging the plaint schedule property without the consent of the plaintiff.
Evidence:
The defendants are permanently restrained from alienating, pledging and mortgaging the plaint schedule property without the consent of the plaintiff and from creating any encumbrance over it.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's title and possession over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's payment of land tax for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows the plaintiff's title and possession over the plaint schedule property after the execution of Ext.A1.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Mentioned subject to proof, relates to the transaction impacting the plaint schedule property.
Reference:
Ext.A3
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 Krishnakumar vs Rajamma Amma et al regarding Permanent Prohibitory Injunction
Case Code Year
Case between Krishnakumar vs Rajamma Amma et al regarding Permanent Prohibitory Injunction