Case Summary
The plaintiff, Mohanan, a businessman, is the lawful owner of property where the defendant, The Manager of MES English Medium School, unlawfully erected iron pillars obstructing access to the plaintiff's residence. The plaintiff filed suit for a permanent prohibitory injunction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained from installing any iron pillars or board and directed to remove the existing ones.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, restraining the defendant from installing any further obstructions and directing the removal of the already installed pillars and board.
Why Plaintiff Won:
The plaintiff succeeded in proving his case with sufficient evidence and no evidence was provided by the defendant to rebut the claims.
The plaintiff succeeded in proving his case with sufficient evidence and no evidence was provided by the defendant to rebut the claims.
Losing Side's Weaknesses:
The plaintiff succeeded in proving his case with sufficient evidence and no evidence was provided by the defendant to rebut the claims.
The plaintiff succeeded in proving his case with sufficient evidence and no evidence was provided by the defendant to rebut the claims.
Supporting Evidence
By producing Exts. A1 to A3 and Ext.C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendant and his men or agent are hereby restrained from installing any iron pillars or board on any portion of the front coverage of the plaintiff's residence.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohanan
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Manager, MES English Medium School
Plaintiffs Documents
Certified copy of Sale Deed No. 3174/2021, Land Tax Receipt, Copy of Letter issued by Assistant Engineer, Electric Section, Perinadu.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shabana Sunil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dhanya Mohan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- B.Anoop
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from installing any iron pillars or board on any portion of the front coverage of the plaintiff's residence.
Evidence:
The defendant and his men or agent are hereby restrained from installing any iron pillars or board on any portion of the front coverage of the plaintiff's residence.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to remove the pillar and the board installed on 11/09/2023.
Evidence:
The defendant is hereby directed to remove the pillar and the board installed on 11/09/2023 in front of plaintiff's house.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to realize costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 3174/2021 dated 18/11/2021, proving ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 12/05/2022, supporting the plaintiff's ownership claim.
Reference:
Ext.A2
Document Type:
Letter from Assistant Engineer
Submitted By:
Plaintiff
Relevance:
Letter dated 14/10/2022 issued by Assistant Engineer, illustrating prior prohibition on construction.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report documenting the illegal construction of pillars by the defendant.
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.
Case Code Year
2023