Case Summary
The case involves Manoj G.Kadakampally seeking a permanent prohibitory injunction against Subhajala @ Tulasi, Thankappan, and Lalu Prasad, who allegedly attempted to encroach upon his property rights. The plaintiff claims exclusive possession and ownership of a certain pathway and property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants to prevent them from entering the pathway claimed by the plaintiff.
Why Plaintiff Won:
The plaintiff was able to prove exclusive ownership and possession over the property and pathway in question.
The plaintiff was able to prove exclusive ownership and possession over the property and pathway in question.
Losing Side's Weaknesses:
The plaintiff was able to prove exclusive ownership and possession over the property and pathway in question.
The plaintiff was able to prove exclusive ownership and possession over the property and pathway in question.
Supporting Evidence
This would clearly reveal that the plaintiff has got title and possession over plaint A and B schedule properties.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants are restrained from entering into the plaint B schedule pathway and committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manoj G.Kadakampally
- Party Age
- 45
- Relation
- S/o Varghese G. Kadakampally
- Party Role
- Defendant
- Party Name
- Subhajala @ Tulasi
- Party Age
- 50
- Relation
- D/o Leela
- Party Role
- Defendant
- Party Name
- Thankappan
- Party Age
- 60
- Relation
- F/o Lalu Prasad
- Party Role
- Defendant
- Party Name
- Lalu Prasad
- Party Age
- 30
- Relation
- S/o Thankappan
Plaintiffs Documents
Certified copy of Sale Deed No.2368/2006, Certified copy of Judgment in OS 2093/1997
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. L.S.Renjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.R. Swaminathan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M.Harilal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from entering into the plaint B schedule pathway and committing any waste therein.
Evidence:
Thus from the conspectus of above mentioned reasoning, it is found that the plaintiff is entitled for a decree of permanent prohibitory injunction as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's ownership and possession of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
The document supports the plaintiff's claim of exclusive ownership of the plaint B schedule pathway, as declared in a previous judgment.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Manoj G.Kadakampally vs Subhajala @ Tulasi, Thankappan, Lalu Prasad regarding permanent prohibitory injunction
Case Code Year
Case between Manoj G.Kadakampally vs Subhajala @ Tulasi, Thankappan, Lalu Prasad regarding permanent prohibitory injunction