Case Summary
Preethi, the plaintiff, seeks a permanent injunction against Jyothis Jose, the defendant, to prevent him from trespassing on her property. The dispute centers around access rights to the plaintiff's land and the defendant's efforts to create a new pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction restraining the defendant from trespassing on the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent injunction against the defendant. The defendant is restrained from trespassing on the plaintiff's property or altering the existing access.
Why Plaintiff Won:
The plaintiff established peaceful and settled possession of the property and demonstrated apprehension of invasion by the defendant.
The plaintiff established peaceful and settled possession of the property and demonstrated apprehension of invasion by the defendant.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The facts sworn in by the plaintiff together with the accompanying documents established that the plaintiff is in peaceful and settled possession of the plaint schedule property, and there is apprehension with regard to the threat of invasion of the possession and proprietary right of the plaintiff and that itself entitles him to the relief of a prohibitory injunction as sought by her.
Judgment Evidence:
In the result, the suit is decreed as follows: (1) The defendant and men under him are hereby restrained by a permanent injunction from trespassing on the plaint schedule property, cutting open a road through the property, forcibly taking vehicles through the property, removing the gate installed on the property, using any part of the property as a road or pathway, or committing any waste thereon.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Preethi
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jyothis Jose
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No. 619/2005, Land Revenue Tax Receipt No. N 4214257, Land Revenue Tax Receipt No. KL05041804609/2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johnson Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction restraining the defendant from trespassing on the plaint schedule property and other specified actions.
Evidence:
The defendant and men under him are hereby restrained by a permanent injunction from trespassing on the plaint schedule property, cutting open a road through the property, forcibly taking vehicles through the property, removing the gate installed on the property, using any part of the property as a road or pathway, or committing any waste thereon.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed establishing the plaintiff's title to the property.
Reference:
Ext.A1
Document Type:
Land Revenue Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt proving lawful ownership and occupation of the property.
Reference:
Ext.A2
Document Type:
Land Revenue Tax Receipt
Submitted By:
Plaintiff
Relevance:
Another tax receipt reinforcing the plaintiff's claim over the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed that supports the plaintiff's claims and property boundaries.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch accompanying the commission report aiding in understanding property layout.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Case Code
Case between Preethi vs Jyothis Jose regarding permanent prohibitory injunction
Case Code Year
Case between Preethi vs Jyothis Jose regarding permanent prohibitory injunction