Case Summary
Mahesh Hariharan filed a suit seeking a permanent prohibitory injunction against Pushpa Chandran and Thomas J for attempting to trespass upon his property. The plaintiff claims the defendants are obstructing his construction efforts on the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their men are restrained by prohibitory injunction from trespassing upon the plaint schedule property, from cutting open a road through it, obstructing constructions on it, and committing any waste thereon.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, restraining the defendants from trespassing upon the plaint schedule property.
Why Plaintiff Won:
The plaintiff established his ownership and peaceful possession of the property, and the defendants failed to prove their claims regarding encroachment.
The plaintiff established his ownership and peaceful possession of the property, and the defendants failed to prove their claims regarding encroachment.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It is seen that the panchayath authority has no case that the plaintiff encroached on any part of the panchayath road. The plaintiff is in peaceful and settled possession of the plaint schedule property within well-defined boundaries.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants and their men are restrained by prohibitory injunction from trespassing upon the plaint schedule property, from cutting open a road through it, obstructing constructions on it, and committing any waste thereon.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mahesh Hariharan
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pushpa Chandran
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thomas J
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Copy of Will Deed No. 65/2018, Copy of Land Revenue Tax Receipt No. KL05041904972/2022, Death Certificate
Defendants Documents
Copy of page No. 49 to 71 of Asset Register II
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jins Antony
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. Rajesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V. G Venugopal
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing on the plaint schedule property.
Evidence:
The defendants and their men are restrained by prohibitory injunction from trespassing upon the plaint schedule property, from cutting open a road through it, obstructing constructions on it, and committing any waste thereon.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to costs from the defendants.
Evidence:
The plaintiff is found eligible to receive costs of litigation.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Plaintiff obtained title to the property through this Will deed.
Reference:
Ext.A1
Document Type:
Land Revenue Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff has been paying the tax on the property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of the plaintiff's father, which affects property title.
Reference:
Ext.A3
Document Type:
Asset Register
Submitted By:
Defendant
Relevance:
Used by the defendants to support their claims.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides details regarding the property boundaries.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Illustrates the layout of the property in question.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Case Code
Case between Mahesh Hariharan vs Pushpa Chandran, Thomas J regarding permanent prohibitory injunction
Case Code Year
Case between Mahesh Hariharan vs Pushpa Chandran, Thomas J regarding permanent prohibitory injunction