Case Summary
The plaintiffs, Prathapan and Viji, filed a suit for a permanent prohibitory injunction against their neighbors, Bahuleyan, Asha, and Sarmila, regarding the unauthorized trespass into their property and construction activities. They assert their ownership and right to protect the plaint schedule property from interference.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants and their men are restrained from trespassing into the property and obstructing the plaintiffs' enjoyment of the property.
Case Type
Injunction
Final Judgment
No
The suit for permanent prohibitory injunction was decreed in part, restraining the defendants from trespassing into the plaint schedule property and interfering with the plaintiffs' enjoyment of their land.
Why Plaintiff Won:
The plaintiffs succeeded in proving their ownership and right to protection of the property with substantial evidence, and there was no evidence to rebut their claims.
The plaintiffs succeeded in proving their ownership and right to protection of the property with substantial evidence, and there was no evidence to rebut their claims.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts.A1 and A2 and C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiffs.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendants and their men are hereby restrained from trespassing into the plaint schedule property or causing any attempt to demolish the boundary of plaint schedule property. (ii) The defendants and their men are also restrained from causing any obstruction to the peaceful enjoyment of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prathapan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Viji
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Bahuleyan
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Asha
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sarmila
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Sale deed No.3380/2005 dated 22/07/2005, tax receipt dated 11/07/2020 issued from Mulavana Village.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Poul Antony
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V.Vinod
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are restrained from trespassing into the plaint schedule property.
Evidence:
The defendants and their men are hereby restrained from trespassing into the plaint schedule property or causing any attempt to demolish the boundary of plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are restrained from causing any obstruction to the peaceful enjoyment of the plaint schedule property.
Evidence:
The defendants and their men are also restrained from causing any obstruction to the peaceful enjoyment of the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to realise the costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiffs' ownership and rights over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence related to the plaintiffs' property ownership.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Assessed the lateral support of the plaint schedule property and helped in establishing the plaintiffs' case.
Reference:
Ext.C1 series
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Prathapan et al vs Bahuleyan et al regarding Injunction
Case Code Year
Case between Prathapan et al vs Bahuleyan et al regarding Injunction