Case Summary
The plaintiff Pradeep Kumar filed a suit against the defendants Pradeesh Kumar and Tintu Yesudas regarding a dispute over property and an attempt by the 1st defendant to trespass on the plaintiff's property. The suit was filed to prevent the defendants from obstructing the plaintiff's enjoyment of the properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing into the plaintiff's property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants regarding the contested property.
Why Plaintiff Won:
The plaintiff provided sufficient evidence establishing his right to the property.
The plaintiff provided sufficient evidence establishing his right to the property.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence establishing his right to the property.
The plaintiff provided sufficient evidence establishing his right to the property.
Supporting Evidence
The evidence of PW1 would show that plaint schedule item No.1 and 2 properties belong to him and he is in possession and enjoyment of the said properties. Ext A2 would show the right of plaintiff to use plaint schedule item No.4 road.
Judgment Evidence:
In the result the suit is decreed as follows: A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing into plaint schedule item No.2 house, obstructing the peaceful enjoyment of plaint schedule item No.1 and 2 properties by plaintiff, closing down item No.4 road, obstructing the use of item No.4 road by plaintiff for his ingress and egress including vehicular traffic and committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pradeep Kumar
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pradeesh Kumar
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Tintu Yesudas
- Party Age
- 37
Plaintiffs Documents
Certified copy of partition deed No.894/2002, Certified copy of Sale deed No.515/2011, Tax receipt dated 14.06.2023, Building tax receipt dated 03/12/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing and obstructing the plaintiff's enjoyment of the properties and road.
Evidence:
A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing into plaint schedule item No.2 house, obstructing the peaceful enjoyment of plaint schedule item No.1 and 2 properties by plaintiff, closing down item No.4 road, obstructing the use of item No.4 road by plaintiff for his ingress and egress including vehicular traffic and committing any waste therein.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed No.894/2002 was produced to establish the ownership of properties.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.515/2011 was produced to show the transfer of property and the right of use of the road.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 14.06.2023 was presented to prove the payment of taxes for the plaint schedule properties.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt dated 03.12.2022 was presented to establish the ownership of the constructed building.
Reference:
Ext.A4
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by the commissioner provided corroborative evidence for the plaintiff's claims.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by the commissioner provided visual evidence related to the property in question.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S.
Case Code Year
2023