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O.S. No.1312/2020

Case between Mini Prasanan vs Sunil Kumar A. P. et al regarding permanent prohibitory injunction

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Smt. REEJA R. NAIR
Order Date
2024-06-29
Duration
approximately-4 years 18 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Mini Prasanan is the plaintiff who seeks a permanent prohibitory injunction against Sunil Kumar A. P. and others for trespassing onto her property and causing damage. The defendants have allegedly obstructed her access to the property and threatened her.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the plaintiff a permanent prohibitory injunction against the defendants, preventing them from trespassing onto her property and causing further damage.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and damages of Rs. 10,000
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff a permanent prohibitory injunction against the defendants, preventing them from trespassing onto her property and causing further damage.
Why Plaintiff Won:
The plaintiff's case was established through her uncontroverted testimony and supporting documents.
Losing Side's Weaknesses:
The plaintiff's case was established through her uncontroverted testimony and supporting documents.
Supporting Evidence
The unrebutted oral testimony of PW1 and the Ext. A1 to A3 and Ext. C1 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted.

Judgment Evidence:

In the result, suit decreed as follows: A decree of permanent prohibitory injunction is passed restraining the defendants No. 1 to 4, their men and agents from trespassing into the plaint B schedule pathway and from causing damages to the basement of compound wall on the eastern side of the plaint B schedule way.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mini Prasanan
Party Age
50
Relation
W/o
Party Role
Defendant
Party Name
Sunil Kumar A. P.
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Anil Kumar A.P
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
Sudha Pavithran
Party Age
70
Relation
W/o
Party Role
Defendant
Party Name
Mohan K.M.
Party Age
65
Relation
S/o
Plaintiffs Documents
Original Title Deed No. 2264/1999, Land Tax Receipt issued by Village Office Poonithura, Building Tax receipt issued by Kochi Municipal Corporation
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Denny Joseph
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Shylaja Varghese
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Restraining the defendants from trespassing into the plaint B schedule pathway and causing damages.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants No. 1 to 4, their men and agents from trespassing into the plaint B schedule pathway and from causing damages to the basement of compound wall on the eastern side of the plaint B schedule way.
Relief Type: Damages
Outcome: Granted
Description:
For realization of an amount of Rs. 10,000 as damages caused to the plaintiff due to the actions of the defendants.
Evidence:
A decree is passed for realization of an amount of Rs. 10,000/­ as damages caused to the plaintiff due to the demolition of basement of compound wall of the B schedule pathway by the defendants No. 1 to 3.
Relief Type: Other
Outcome: Granted
Description:
Entitlement to costs of suit from the defendants.
Evidence:
The plaintiff is entitled to get costs of suit from defendants No. 1 to 4 and from their assets.

Documents & Evidence

Document Type: Original Title Deed
Submitted By: Plaintiff
Relevance:
Establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Serves as evidence of the plaintiff's tax payments for the property.
Reference:
Ext.A2
Document Type: Building Tax Receipt
Submitted By: Plaintiff
Relevance:
Demonstrates that the plaintiff is responsible for the building taxes.
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Court
Relevance:
Provides important findings supporting the plaintiff's case regarding the defendants' actions.
Reference:
Ext.C1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mini Prasanan vs Sunil Kumar A. P. et al regarding permanent prohibitory injunction
Case Code Year
Case between Mini Prasanan vs Sunil Kumar A. P. et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 06/29/2020 - 12:00
Case Closed
From
Sat, 06/01/2024 - 12:00
To
Sun, 06/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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