Case Summary
The case involves a dispute between neighbors, P. R Sivadas and Francis Mathew, regarding a permanent prohibitory injunction to prevent the defendant from trespassing on the plaintiff's property. The plaintiff claims the defendant is attempting to use his property for access despite having direct access from another road.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from trespassing onto the plaint schedule property and costs awarded to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant is permanently restrained from trespassing onto the plaintiff's property and imposed costs on the defendant.
Why Plaintiff Won:
The evidence and testimony provided by the plaintiff were not challenged, thereby establishing his entitlement to the injunction.
The evidence and testimony provided by the plaintiff were not challenged, thereby establishing his entitlement to the injunction.
Losing Side's Weaknesses:
The evidence and testimony provided by the plaintiff were not challenged, thereby establishing his entitlement to the injunction.
The evidence and testimony provided by the plaintiff were not challenged, thereby establishing his entitlement to the injunction.
Supporting Evidence
The evidence of the plaintiff remains unchallenged, and the apprehension of the plaintiff is well-founded.
Judgment Evidence:
In the result, the suit is decreed as follows: (1)The defendant and the men under him are hereby restrained by a decree of permanent prohibitory injunction from trespassing onto the plaint schedule property, operating vehicles thereon, or committing any acts of waste thereon.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P. R Sivadas
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Francis Mathew
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Copy of Sale Deed No.252/2000 of SRO, Ramapuram, Land Revenue tax receipt No. KL05042502743/2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Arun G
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Ramesh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and the men under him are restrained from trespassing onto the plaint schedule property.
Evidence:
The defendant and the men under him are hereby restrained by a decree of permanent prohibitory injunction from trespassing onto the plaint schedule property, operating vehicles thereon, or committing any acts of waste thereon.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to costs from the defendant.
Evidence:
The plaintiff is entitled to costs from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Evidence of title and possession of the Plaintiff over the Plaint Schedule Property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of title and possession of the Plaintiff over the Plaint Schedule Property.
Reference:
Ext.A2
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Matters reported by the Advocate Commissioner established the cause of action as pleaded by the Plaintiff.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Case Code
Case between P. R Sivadas vs Francis Mathew regarding permanent prohibitory injunction
Case Code Year
Case between P. R Sivadas vs Francis Mathew regarding permanent prohibitory injunction