Case Summary
The plaintiffs Manoharan.R., Lalitha, Anjusha, and Aswin are involved in a suit against the defendants Thampi, Mathan, Satheesan, Rangappan, Sali, Kuttan, Suguthan, and Lalu regarding the ownership of certain properties and to prevent forcible encroachment. The suit seeks a permanent injunction against the defendants to stop them from encroaching on the plaintiffs' properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs with costs. The court restrained the defendants from encroaching on the plaintiffs' properties and from constructing any unauthorized pathways.
Why Plaintiff Won:
Plaintiffs provided sufficient evidence proving ownership and occupation of the properties.
Plaintiffs provided sufficient evidence proving ownership and occupation of the properties.
Losing Side's Weaknesses:
Plaintiffs provided sufficient evidence proving ownership and occupation of the properties.
Plaintiffs provided sufficient evidence proving ownership and occupation of the properties.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiffs are entitled to get a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed with costs as follows:- The defendants and their men and agent are restrained by an order of permanent prohibitory injunction from forcibly encroaching in to the plaint schedule item No. 1 & 2 properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manoharan.R.
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Lalitha
- Party Age
- 50
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Anjusha
- Party Age
- 22
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Aswin
- Party Age
- 20
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thampi
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mathan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Satheesan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rangappan
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sali
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Certified copy of sale deed No.307/2004, Certified copy of sale deed No.308/2004, Tax receipt No. KL 05051506652/2023, Tax receipt No. KL 05051508052/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.K.Muraleedharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D.Subhash Chandran
- Appearance Type
- Main Counsel
- Party Role
- Court
- Advocate Name
- Arjun Mohan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men and agent are restrained by an order of permanent prohibitory injunction from forcibly encroaching into the plaint schedule item No. 1 & 2 properties.
Evidence:
The defendants and their men and agent are restrained by an order of permanent prohibitory injunction from forcibly encroaching in to the plaint schedule item No. 1 & 2 properties and or constructing and developing any cartable way or new pathway through the same.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.307/2004 of SRO, Thalayazham
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.308/2004 of SRO, Thalayazham
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt of the Ext.A1 document
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt of the Ext.A2 document
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. Arjun Mohan
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch attached along with Commission report
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Unauthorized occupation
Case Code
Case between Manoharan.R. vs Thampi regarding permanent prohibitory injunction
Case Code Year
Case between Manoharan.R. vs Thampi regarding permanent prohibitory injunction