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O S 115/2022

Case between Manoharan.R. vs Thampi regarding permanent prohibitory injunction

Court
COURT OF THE MUNSIFF, VAIKOM
Judge
Kum. Abhinimol Rajendran
Order Date
2025-03-26
Duration
approximately-2 years 9 months
Case Closed
Wed, 03/26/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Vaikom Taluk
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Tue, 06/14/2022 - 12:00
Case Closed
Wed, 03/26/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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