Case Summary
Mr.A Viswanathan filed the suit against Mr.Sarangam regarding an issue of permanent prohibitory injunction related to his property. The plaintiff claims that the defendant has blocked access to his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and costs
Case Type
Civil Suit
Final Judgment
No
The court issued a permanent prohibitory injunction restraining the defendant from encroaching on the plaintiff's property. The defendant is also ordered to pay the costs of the proceedings.
Why Plaintiff Won:
The plaintiff proved ownership and possession of the property through unchallenged oral testimony and documents.
The plaintiff proved ownership and possession of the property through unchallenged oral testimony and documents.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The ownership and possession of the plaintiff over the plaint schedule property is proved by the exhibit A1 and A3 documents.
Judgment Evidence:
In the result, 1. The defendant, his men and agents are restrained by way of permanent prohibitory injunction from encroaching into the plaint schedule property, committing waste therein, altering its boundaries and demolishing the granite retaining wall therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr.A Viswanathan
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Sarangam
- Party Age
- 55
Plaintiffs Documents
Tax receipt dated 30.07.2021, Possession certificate dated 16.09.2021, Title Deed No.3468/2009 of SRO Chevayur
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.T.K.Shibu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Sharan Prem
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint of the defendant, his men and agents from encroaching into the plaint schedule property.
Evidence:
The defendant, his men and agents are restrained by way of permanent prohibitory injunction from encroaching into the plaint schedule property, committing waste therein, altering its boundaries and demolishing the granite retaining wall therein.
Relief Type:
Cost
Outcome:
Granted
Description:
Defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall also pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaintiff over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaintiff over the plaint schedule property.
Reference:
Ext.A2
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaintiff over the plaint schedule property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Mr.A Viswanathan vs Mr.Sarangam regarding permanent prohibitory injunction
Case Code Year
Case between Mr.A Viswanathan vs Mr.Sarangam regarding permanent prohibitory injunction