Case Summary
The plaintiffs are the wife and children of deceased Purushothaman Nair and Gopalakrishnan Nair, seeking a permanent prohibitory injunction against the defendants who were attempting to trespass and obstruct their right of way. The plaintiffs have inherited properties and claim the defendants are trying to interfere with their possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants from interfering with the plaintiffs’ properties and rights.
Why Plaintiff Won:
The court found the plaintiffs entitled to a decree for permanent prohibitory injunction based on unchallenged evidence.
The court found the plaintiffs entitled to a decree for permanent prohibitory injunction based on unchallenged evidence.
Losing Side's Weaknesses:
The court found the plaintiffs entitled to a decree for permanent prohibitory injunction based on unchallenged evidence.
The court found the plaintiffs entitled to a decree for permanent prohibitory injunction based on unchallenged evidence.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff is entitled to get a decree permanent prohibitory injunction as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:- a.Defendants and men under them or their agents are restrained by a decree of permanent prohibitory injunction from trespassing into item No.1 to 3 properties, destructing its boundaries, cut and remove any trees standing therein, causing obstruction to the peaceful enjoyment and possession of it and also from causing any obstruction to the passage and transportation of plaintiffs over item No.4.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Leelamani
- Party Age
- 64
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Gopakumar M.P
- Party Age
- 40
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Arunkumar M.P
- Party Age
- 35
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Valsalakumari
- Party Age
- 62
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Aswathy
- Party Age
- 32
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jagada
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vishnu
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Original of Partition deed No.1724/2010, Original Tax receipt dated 20.06.2022, Original Tax receipt dated 04.04.2023, Original Tax receipt dated 04.04.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.K.Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into item No.1 to 3 properties and obstructing plaintiffs' easement rights.
Evidence:
Defendants and men under them or their agents are restrained by a decree of permanent prohibitory injunction from trespassing into item No.1 to 3 properties, destructing its boundaries, cut and remove any tress standing therein, causing obstruction to the peaceful enjoyment and possession of it and also from causing any obstruction to the passage and transportation of plaintiffs over item No.4.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs entitled to get costs from the defendants.
Evidence:
The plaintiffs are entitled to get costs from the defendants.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Original of partition deed No.1724/2010 dated 20.07.2010 shows ownership of the plaint schedule properties.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original tax receipt dated 20.06.2022 shows continued possession of the properties.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original tax receipt dated 04.04.2023 shows continued possession of the properties.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original tax receipt dated 04.04.2023 shows continued possession of the properties.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv.Commissioner Hena V Harikumar identifying properties.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch related to the commission report identifying properties.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Leelamani et al vs Jagada et al regarding permanent prohibitory injunction
Case Code Year
Case between Leelamani et al vs Jagada et al regarding permanent prohibitory injunction