Case Summary
The plaintiff, Maniyamma.M.S., is seeking a permanent prohibitory injunction to prevent the defendants from trespassing on her property and destroying her compound wall. The defendants include Radhakrishna Pillai.G., Selvan.M, and Swarnamma.S, who are alleged to have attempted to demolish the wall and access the property without permission.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanently restraining the defendants from trespassing and destroying the property.
Case Type
Injunction
Final Judgment
No
The suit is decreed with costs, restraining the defendants from trespassing into the plaintiff's property and destroying the compound wall. The plaintiff is also entitled to recover costs from the defendants.
Why Plaintiff Won:
The evidence presented by the plaintiff established her ownership and the defendants' wrongful actions.
The evidence presented by the plaintiff established her ownership and the defendants' wrongful actions.
Losing Side's Weaknesses:
The evidence presented by the plaintiff established her ownership and the defendants' wrongful actions.
The evidence presented by the plaintiff established her ownership and the defendants' wrongful actions.
Supporting Evidence
The evidence of PW1 coupled with Ext. A1 to A3 and C1 series would prove the case of the plaintiff. Pleadings and evidence of the plaintiff remains unchallenged.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendants and their men are permanently restrained from trespassing into the plaint A schedule property and from destroying the southern compound wall for the purpose of widening the C schedule pathway and from destroying and reducing the width of B schedule way and also from committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Maniyamma.M.S.
- Party Age
- 64
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Radhakrishna Pillai.G.
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Selvan.M
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Swarnamma.S
- Party Age
- 40
- Relation
- Represented by
Plaintiffs Documents
Copy of Sale Deed No. 1812/1997, Land Tax Receipt, Copy of Location Sketch
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abhilash.B
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Tomy Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Thampi.V.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanently restraining the defendants from trespassing into the plaint A schedule property.
Evidence:
The defendants and their men are permanently restrained from trespassing into the plaint A schedule property and from destroying the southern compound wall for the purpose of widening the C schedule pathway and from destroying and reducing the width of B schedule way and also from committing any waste therein.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff is paying land tax for the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Illustrates the layout of the plaint schedule properties.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Prepared by the Advocate Commissioner, confirms the boundaries of the plaint schedule property.
Reference:
Ext.C1 series
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Maniyamma.M.S. vs Radhakrishna Pillai.G. et al regarding Injunction
Case Code Year
Case between Maniyamma.M.S. vs Radhakrishna Pillai.G. et al regarding Injunction