Case Summary
Pathumma filed a suit against Beena Subair and Linto Monon P. seeking a perpetual injunction to restrain the defendants from forcefully entering her property. The court found that the defendants had no rights over the property in question.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual injunction against the defendants from entering the property
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting a perpetual injunction against the defendants. The evidence presented by the plaintiff was unchallenged.
Why Plaintiff Won:
The evidence adduced by the plaintiff was unchallenged and proved the plaintiff's case.
The evidence adduced by the plaintiff was unchallenged and proved the plaintiff's case.
Losing Side's Weaknesses:
The evidence adduced by the plaintiff was unchallenged and proved the plaintiff's case.
The evidence adduced by the plaintiff was unchallenged and proved the plaintiff's case.
Supporting Evidence
The evidence tendered by PW1 and the documents marked as Ext.A1 to A3 stands unchallenged. No contra evidence adduced. In the absence of any contra evidence, the unchallenged evidence of PW1 and the documents marked as Ext.A1 and A2 proves the case of the plaintiffs.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendants or their men are to be restrained from entering forcefully in to plaint schedule property or evicting the plaintiff and his family from the plaint schedule property or forcefully encroach into the plaint schedule property by way of perpetual injunction.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pathumma
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Beena Subair
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Linto Monon P.
- Party Age
- 52
- Relation
- Represented by
Plaintiffs Documents
Certified copy of document No.2735/1983 of SRO, Perumbavoor; Certificate issued by Perumbavoor Municipality; Notice in C.M.P.675/2021 of Judicial First Class Magistrate-I, Paravoor.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Maitheen M. Pareeth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are to be restrained from entering forcefully into the plaint schedule property or evicting the plaintiff.
Evidence:
Hence, I find that the plaintiffs are entitled for the relief of perpetual injunction as prayed for.
Documents & Evidence
Document Type:
Certified copy of document
Submitted By:
Plaintiff
Relevance:
This document proves the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This is a certificate issued by the Perumbavoor Municipality supporting the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
This notice pertains to CMP 675/2021 and is part of the evidence presented by the plaintiff.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Unauthorized occupation
Case Code
Case between Pathumma vs Beena Subair et al regarding perpetual injunction
Case Code Year
Case between Pathumma vs Beena Subair et al regarding perpetual injunction