Case Summary
The plaintiff, Latha, is the absolute owner of a property and seeks a permanent prohibitory injunction against the defendant, Saraswathy, who has attempted to encroach upon her property. The defendant has not appeared in court despite due service of summons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant and her men are restrained from causing damage to the compound wall and from interfering in the peaceful enjoyment of the property.
Case Type
Civil Suit
Final Judgment
No
The court partially decreed the suit by restraining the defendant from causing any damage to the compound wall of the plaintiff's property and from interfering with the plaintiff's enjoyment of the property.
Why Plaintiff Won:
The plaintiff has succeeded in proving her case.
The plaintiff has succeeded in proving her case.
Losing Side's Weaknesses:
The plaintiff has succeeded in proving her case.
The plaintiff has succeeded in proving her case.
Supporting Evidence
By producing Exts.A1, A2 and C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendant and her men are hereby restrained from causing any damage to, or demolishing any portion of the compound wall situated on the western and southern sides of the plaint A schedule property, and from encroaching upon any portion of the A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Latha
- Party Age
- 58
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Prameela. C
- Party Age
- 49
- Relation
- W/o.late Kochani
- Party Role
- Defendant
- Party Name
- Saraswathy
- Party Age
- 60
Plaintiffs Documents
Ext.A1 is the certified copy of Settlement deed No.4590/2008 of Eravipuram SRO, dated 07/11/2008; Ext.A2 is the land tax receipt dated 27/05/2022 issued from Village Office, Vadakkevila.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anil Elgin Thampi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reeja A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and her men are restrained from causing any damage to, or demolishing any portion of the compound wall and from encroaching upon any portion of the A schedule property.
Evidence:
The defendant and her men are hereby restrained from causing any damage to, or demolishing any portion of the compound wall situated on the western and southern sides of the plaint A schedule property, and from encroaching upon any portion of the A schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and her men are also restrained from interfering in the peaceful enjoyment of the plaint A schedule property by the plaintiff.
Evidence:
The defendant and her men are also restrained from interfering in the peaceful enjoyment of the plaint A schedule property by the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No. 4590/2008 of Eravipuram SRO, establishing plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 27/05/2022 issued from Village Office, Vadakkevila.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and mahassar prepared by Advocate Commissioner Anilkumar.A.
Reference:
Ext.C1 series
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 Latha vs Saraswathy regarding permanent prohibitory injunction
Case Code Year
Case between Latha vs Saraswathy regarding permanent prohibitory injunction