Case Summary
The plaintiff, Lalitha, is seeking a permanent prohibitory injunction to prevent the defendants from trespassing on her property. The case involves allegations that the defendants attempted to demolish a mud wall on the property boundary, which the plaintiff claims is necessary to prevent irreparable injury.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants restrained from trespass into plaint A and B schedule properties and causing any damage.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting the requested injunction against the defendants. They are restrained from trespassing on the plaintiff's property and causing any damage.
Why Plaintiff Won:
The plaintiff proved her ownership and possession of the properties through valid documents and witness testimony.
The plaintiff proved her ownership and possession of the properties through valid documents and witness testimony.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts.A1 to A5 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendants and their men are hereby restrained from trespass into the plaint A and B schedule property and committing any mischief therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lalitha
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Dileep
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Balan
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- Suresh Babu
- Party Age
- 50
Plaintiffs Documents
Certified copy of Will deed No.21/2008, Certified copy of Will deed No.20/2008, Tax receipt, Tax receipt, Copy of death certificate of Late Rajendran.K.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.S.Jayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D.B.Ajayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mangad.S.Prasanth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained from trespass into the plaint A and B schedule property.
Evidence:
The defendants and their men are hereby restrained from trespass into the plaint A and B schedule property and committing any mischief therein.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained from causing any damage to the boundary of the plaint A and B schedule properties.
Evidence:
The defendants and their men are also restrained from causing any damage to the boundary of the plaint A and B schedule properties.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to cost of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Will Deed No. 21/2008 dated 27/03/2008 proves plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Will Deed No. 20/2008 dated 27/03/2008 proves plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 24/04/2019 supports plaintiff's claim of ownership.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 27/05/2019 supports plaintiff's claim of ownership.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Copy of death certificate of Late Rajendran.K dated 19/07/2008 supports the plaintiff's claim.
Reference:
Ext.A5
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 Lalitha vs Dileep et al regarding Permanent Prohibitory Injunction
Case Code Year
Case between Lalitha vs Dileep et al regarding Permanent Prohibitory Injunction