Case Summary
The plaintiff, Mrs. Nitha Dileep Kumar, seeks a permanent prohibitory injunction against the defendant, Dr. Dhanya Viswam, who is obstructing her business operations as a tenant. The defendant has unlawfully interfered with the plaintiff's rights as a tenant, causing financial losses.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from obstructing the plaintiff's business operations.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established her case through unrebutted testimony and evidence showing unlawful obstruction.
The plaintiff established her case through unrebutted testimony and evidence showing unlawful obstruction.
Judgment Evidence:
In the result, suit is decreed in part as follows. i.A decree of permanent prohibitory injunction is passed restraining the defendant from obstructing the peaceful conducting of the business in the plaint A schedule properties by the plaintiff.
Parties Involved
Plaintiffs
Mrs. Nitha Dileep Kumar (59 years)
Confident Bellatrix III, Mekkara, Tripunithura.
Defendants
Dr. Dhanya Viswam (54 years)
Abhayam House, Kanichukulangara Cherthala P.O, Alappuzha.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against the defendant from obstructing business operations
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendant from obstructing the peaceful conducting of the business...
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to realize costs of the suit from the defendant
Evidence:
The plaintiff is entitled to realize costs of the suit from the defendant and from her assets.
Documents & Evidence
Document Type:
Printout of license
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's legal right to operate the business.
Reference:
Ext.A1
Document Type:
Printout of property tax receipt
Submitted By:
Plaintiff
Relevance:
Shows compliance with local tax obligations.
Reference:
Ext.A2
Document Type:
Printout of professional tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates payment of professional tax for conducting business.
Reference:
Ext.A3
Document Type:
Printout of GST Registration certificate
Submitted By:
Plaintiff
Relevance:
Confirms the plaintiff's GST registration for business operations.
Reference:
Ext.A4
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Shows authorization in connection with the case.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings that supported the evidence in the case.
Reference:
Ext.C1
Document Type:
Sketch and photographs
Submitted By:
Court
Relevance:
Visual evidence supporting the commission report findings.
Reference:
Ext.C1(a) & C1(b)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimony of the plaintiff provided additional context to the claims.
Reference: