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OS.180/2023

Case between Mohanan vs The Manager, MES English Medium School regarding permanent prohibitory injunction and mandatory injunction.

Court
COURT OF MUNSIFF, KOLLAM
Judge
Smt. Sofia.T.A, Additional. Munsiff
Order Date
2025-12-20
Duration
approximately-2 years 3 days
Case Code No.
180
Case Closed
Sat, 12/20/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
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.
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

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Mon, 09/11/2023 - 12:00
Case Closed
Sat, 12/20/2025 - 12:00
From
Sat, 11/01/2025 - 12:00
To
Wed, 12/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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