Case Summary
The plaintiff, Maneesh, is the owner of a property who seeks an injunction against the defendant, Hariharan, to prevent him from trespassing and encroaching on his property. The defendant contends that he has an easementary right over the property in question.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction restraining the defendant from trespassing and encroaching into the plaint schedule property
Case Type
Injunction
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting him an injunction against the defendant's trespassing. The court ordered the defendant to refrain from any encroachment and disturbing the plaintiff's peaceful possession.
Why Plaintiff Won:
The plaintiff proved his ownership and peaceful possession of the property with adequate documents.
The plaintiff proved his ownership and peaceful possession of the property with adequate documents.
Losing Side's Weaknesses:
The plaintiff proved his ownership and peaceful possession of the property with adequate documents.
The plaintiff proved his ownership and peaceful possession of the property with adequate documents.
Supporting Evidence
By producing Exts.A1 to A3 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, the suit is decreed as follows: (i) The defendant and his associates are restrained from committing trespass and encroaching into the plaint schedule property and from causing any disturbances to the plaintiff’s peaceful possession and enjoyment over it.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Maneesh
- Party Age
- 23
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hariharan
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Power of Attorney dated 02/12/2025, Settlement deed No. 4638/2004 of Kannanalloor SRO, Land tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sujan. S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M. Saraswathi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Jayachandra Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and his associates are restrained from committing trespass and encroaching into the plaint schedule property.
Evidence:
The defendant and his associates are restrained from committing trespass and encroaching into the plaint schedule property and from causing any disturbances to the plaintiff’s peaceful possession and enjoyment over it.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realise costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendant.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The plaintiff provided this document to prove his authority in the case.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the property in question.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiff has been paying land tax for the property.
Reference:
Ext.A3
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Maneesh vs Hariharan regarding injunction
Case Code Year
Case between Maneesh vs Hariharan regarding injunction