Case Summary
Prathiba Ambaliparambil filed a suit against Amruth seeking a permanent prohibitory injunction to prevent the defendant from trespassing on her property and causing damage. The plaintiff claims that the defendant has already demolished part of her property's compound wall and threatened further damage.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from trespassing or making alterations to the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant to prevent further trespassing and damage to the property.
Why Plaintiff Won:
The unchallenged oral evidence and documents supported the plaintiff’s case.
The unchallenged oral evidence and documents supported the plaintiff’s case.
Losing Side's Weaknesses:
The unchallenged oral evidence and documents supported the plaintiff’s case.
The unchallenged oral evidence and documents supported the plaintiff’s case.
Supporting Evidence
The unchallenged oral evidence, documents marked and the commissioner's report prove the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as prayed for: The defendant is restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prathiba Ambaliparambil
- Party Age
- 55
- Relation
- W/o Sivadasa. K.K
- Party Role
- Defendant
- Party Name
- Amruth
- Party Age
- 44
- Relation
- S/o Haridasan
Plaintiffs Documents
Certified Copy of Janmam Assignment Deed No.524/1975, Certified Copy of Joint Settlement Deed No.337/2008, Copy of Land Tax Receipt issued by Village Officer, Kadalundi, Copy of Possession Certificate issued from Village Office Kadalundi, Copy of Complaint filed before SHO, Feroke Police Station.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.Alikoya
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Shahsad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Muhammed Afras. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant restrained from trespassing into the plaint schedule property.
Evidence:
In the result, the suit is decreed as prayed for: The defendant is restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant restrained from causing damage to the plaint schedule property.
Evidence:
The defendant is also restrained from causing damage in the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant restrained from demolishing the compound wall of the eastern side.
Evidence:
The defendant is further restrained by way of permanent prohibitory injunction from demolishing the compound wall of the eastern side of the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant restrained from making alterations in the plaint schedule property.
Evidence:
The defendant is further restrained by way of permanent prohibitory injunction from making alteration in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant liable to pay the costs of the suit to the plaintiff.
Evidence:
The defendant is also liable to pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Joint Settlement Deed
Submitted By:
Plaintiff
Relevance:
Evidence confirming the transfer of ownership from plaintiff's siblings to the plaintiff.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows the tax payment status related to the plaint schedule property.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the plaintiff's possession of the plaint schedule property.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Documents the threat and illegal action taken by the defendant against the plaintiff.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides an independent assessment of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Sketch by Advocate Commissioner
Submitted By:
Court
Relevance:
Illustrates the layout and boundaries of the plaint schedule property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Prathiba Ambaliparambil vs Amruth regarding permanent prohibitory injunction.
Case Code Year
Case between Prathiba Ambaliparambil vs Amruth regarding permanent prohibitory injunction.