Case Summary
The plaintiffs, heirs of Sri. Sadanandan, are seeking a permanent prohibitory injunction against the defendants who attempted to trespass on their property. The court found that the plaintiffs established their case through unchallenged evidence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs with a permanent prohibitory injunction granted against the defendants from trespassing. No order as to costs.
Why Plaintiff Won:
The plaintiffs established their case through unchallenged evidence.
The plaintiffs established their case through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiffs established their case through unchallenged evidence.
The plaintiffs established their case through unchallenged evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiffs, the plaintiffs have established their case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants are restrained from trespassing into the plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Leela
- Party Age
- 78
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sheeba Nakulan
- Party Age
- 52
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Semi Syamkumar
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shibu
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shiju
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jyothis Nazarulla
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nazarulla
- Party Age
- 70
- Relation
- H/o
Plaintiffs Documents
Partition deed No. 4589/1970, Tax receipt dated 13.01.2021, Certified copy of sale deed No. 4021/1976
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Sunil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property.
Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants are restrained from trespassing into the plaint schedule property and committing any act of waste therein.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Original of partition deed No. 4589/1970 establishing the plaintiffs' ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt demonstrating the payment of taxes related to the property owned by the plaintiffs.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 4021/1976 confirming the previous sale of part of the property.
Reference:
Ext.A3
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Commission report prepared and submitted to assess the property in question.
Reference:
Ext.C1
Document Type:
Rough Plan
Submitted By:
Court
Relevance:
Rough plan prepared and submitted by Adv. Commissioner to delineate the property boundaries.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Leela et al vs Jyothis Nazarulla et al regarding granting a decree of permanent prohibitory injunction
Case Code Year
Case between Leela et al vs Jyothis Nazarulla et al regarding granting a decree of permanent prohibitory injunction