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
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.
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.
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