Case Summary
M.R Rajesh is the plaintiff seeking a permanent prohibitory injunction against several defendants regarding a property dispute. The defendants have also filed a counterclaim related to their rights on the same property and sought mandatory and prohibitory injunctions against the plaintiff.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the counterclaim did not establish sufficient evidence or a clear cause of action.
The court found that the counterclaim did not establish sufficient evidence or a clear cause of action.
Judgment Evidence:
In the result, the suit and counterclaim are dismissed. The parties are directed to suffer their respective costs of the suit and counter claim.
Parties Involved
Plaintiffs
M.R Rajesh (28 years)
Margathu House, Udayamperoor P.O, Tripunithura
Defendants
C. Remani (53 years)
Ram Nivas, Chettiparambil house, No. 11, Chettiparambil Residential colony, Choorakkad, Thekkumbhagam Village, Kanayannur Taluk
C.T. Saju (48 years)
Chittattukarakkaran H.No. 17, Chettiparambil Residential Colony, Chettiparambil Lane, Thekkumbhagam Village, Kanayannur Taluk
Joseph Varghese (48 years)
Layipillil H.No. 10, Chettiparambil Residential Colony, Chettiparambil Lane, Thekkumbhagam Village, Kanayannur Taluk
D. Pramod Kumar (32 years)
H. No. 7, Chettiparambil Residential Colony, Chettiparambil Lane, Thekkumbhagam Village, Kanayannur Taluk
Sanu Sudhi (28 years)
Nirmalyam, Chettiparambil Residential Colony, Chettiparambil Lane, Thekkumbhagam Village, Kanayannur Taluk
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Decree of permanent prohibitory injunction restraining the defendants from trespassing into the plaint A & B schedule properties and committing waste therein.
Evidence:
In the result, the suit and counterclaim are dismissed.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Mandatory injunction directing the plaintiff to remove the encroachment made by the plaintiff into the counter claim schedule property.
Evidence:
The counterclaim cannot possibly succeed and that it was incumbent upon the counterclaim plaintiff to have mounted the box and have given evidence to support the issues that are raised in the counterclaim at hand.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of the Sale Deed No. 3700/2012.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of the Sale Deed No. 3859/2006.
Reference:
Ext.B2
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Certified copy of the Deed No. 5107/1994.
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of the Deed No. 4073/1984.
Reference:
Ext.B4
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Certified copy of the Deed No. 814/1954.
Reference:
Ext.B5
Document Type:
Survey Sketch
Submitted By:
Defendant
Relevance:
Certified copy of the Survey Sketch in respect of block No. 461, Thekkumbhagom Village, Kanayannur Taluk.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Commissioner R. Rajesh.
Reference:
Ext.C1
Document Type:
Survey Sketch
Submitted By:
Court
Relevance:
Survey Sketch filed by Taluk Surveyor I.P Sivaraman.
Reference:
Ext.C1(a)