Case Summary
The plaintiffs, Manoj and Chinnu Venugopal, are seeking a permanent prohibitory injunction to prevent the defendants, Suresh Kumar and Jayasree, from trespassing on their property and creating a pathway through it. The case revolves around property ownership and the peaceful possession of the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction restraining the defendants from trespassing into the plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, granting them a permanent injunction against the defendants to prevent trespassing on their property and creating a pathway through it.
Why Plaintiff Won:
The plaintiffs provided unchallenged evidence of their ownership and possession of the property.
The plaintiffs provided unchallenged evidence of their ownership and possession of the property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence before this court would prove that the apprehension of the plaintiffs regarding trespass into the plaint A schedule property by the defendants and creating pathway through plaint A schedule property is well founded.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendant and his men are permanently restrained from trespassing into the plaint A schedule property and from creating pathway through plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manoj
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Chinnu Venugopal
- Party Age
- 33
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Suresh Kumar
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayasree
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Sale deed No. 1465/2018, Land tax receipt, Building tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Rajendran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.Usha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- D.Baiju Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.S.Anuraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are permanently restrained from trespassing into the plaint A schedule property.
Evidence:
In the result, the suit is decreed with costs as follows: i. The defendant and his men are permanently restrained from trespassing into the plaint A schedule property and from creating pathway through plaint A schedule property and from causing any obstructions to the plaintiffs in their peaceful possession and enjoyment of plaint A schedule and also from committing any waste therein.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to realise the costs of the suit from the defendants.
Evidence:
ii. Plaintiffs are also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves that the plaintiffs are the absolute owners in possession of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates that the plaintiffs are remitting land tax for the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Indicates the plaintiffs own a house situated in the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Details that the plaint A schedule situates within well defined boundaries and supports the plaintiffs' claims.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.NO.
Case Code Year
2023