Case Summary
The plaintiff, Paikkattummal Libin Balakrishnan, is seeking a permanent prohibitory injunction against the defendants for trespassing into his property. The defendants have allegedly attempted to alter the nature of the property by cutting a road.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from trespassing and cutting any part of the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff's request for a permanent prohibitory injunction against the defendants. The judgment also awarded costs to the plaintiff.
Why Plaintiff Won:
The plaintiff successfully proved ownership and apprehension of harm due to the defendants' actions.
The plaintiff successfully proved ownership and apprehension of harm due to the defendants' actions.
Losing Side's Weaknesses:
The plaintiff successfully proved ownership and apprehension of harm due to the defendants' actions.
The plaintiff successfully proved ownership and apprehension of harm due to the defendants' actions.
Supporting Evidence
This itself shows that the cause of action for the suit and the apprehension is admitted by the defendants. Thus, from the overall discussion of the evidence the plaintiff has successfully proved his case with regard to the relief he has asked for.
Judgment Evidence:
In the result, the suit is decreed with costs. The defendants, their men or agents are restrained by a decree of permanent prohibitory injunction from trespassing, committing waste, effecting alterations by cutting any portion of the plaint schedule property so as to make it as a road and also from doing any act that which may affect the peaceful possession of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Paikkattummal Libin Balakrishn
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vazhayiil Meethal Chandran
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kizhakkayil Sajith
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kizhakke Parambhath Fousiya
- Party Age
- 44
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Paikkattummal Libash
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Certified copy of Kanam Kuzhikkanam Assignment Deed No. 999/2015 of SRO, Kavilumpara, Basic Tax Receipt issued by Village Officer, Maruthonkara to Libin Balakrishnan
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. K. Vineesh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained by decree of permanent prohibitory injunction from trespassing and altering the plaint schedule property.
Evidence:
The defendants, their men or agents are restrained by a decree of permanent prohibitory injunction from trespassing, committing waste, effecting alterations by cutting any portion of the plaint schedule property so as to make it as a road and also from doing any act that which may affect the peaceful possession of the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to get the costs of the suit.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Certified copy of Kanam Kuzhikkanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's title over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
The document shows that the plaintiff is paying tax for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
These reports provide evidence of the condition and alterations made to the plaint schedule property.
Reference:
Ext.C1 to C4
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Paikkattummal Libin Balakrishnan vs Vazhayiil Meethal Chandran et al regarding permanent prohibitory injunction.
Case Code Year
Case between Paikkattummal Libin Balakrishnan vs Vazhayiil Meethal Chandran et al regarding permanent prohibitory injunction.