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OS. No. 16/2020

Case between R.Bahuleyan et al vs Prasad.K et al regarding Injunction

Court
THE COURT OF THE ADDITIONAL MUNSIFF, KOLLAM
Judge
Smt. Sofia.T.A
Order Date
2025-08-23
Duration
approximately-5 years 0 days
Case Closed
Sat, 08/23/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, R.Bahuleyan and B.Devarajan, are seeking a mandatory injunction against the defendants, Prasad.K, Bindhu, Perayam Grama Panchayath, and The Deputy Director of Panchayat, to demolish an unauthorized construction affecting their property. The defendants have constructed a thatched shop without permitted authorization.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the defendants to demolish the unauthorized construction and granted the plaintiffs the right to recover costs from the defendants.
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to demolish unauthorized construction
Case Type
Civil Suit
Final Judgment
No
The court ordered the defendants to demolish the unauthorized construction and granted the plaintiffs the right to recover costs from the defendants.
Why Plaintiff Won:
The plaintiffs successfully proved that the defendants constructed the unauthorized structure without necessary permits, violating the relevant laws.
Losing Side's Weaknesses:
The plaintiffs successfully proved that the defendants constructed the unauthorized structure without necessary permits, violating the relevant laws.
Supporting Evidence
All the requisites to invoke S.39 of the Specific Relief Act are present in this case and the Plaintiffs are entitled to the mandatory injunction, as sought for - to direct the Defendants to dismantle the constructions effected by encroaching into the public road.

Judgment Evidence:

In the result, the suit is decreed as follows: The defendants 1 and 2 are hereby directed to demolish and remove the plaint C schedule unauthorized construction within two months from the date of the judgment.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
R.Bahuleyan
Party Age
70
Relation
S/o
Party Role
Plaintiff
Party Name
B.Devarajan
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Prasad.K
Party Age
55
Relation
S/o
Party Role
Defendant
Party Name
Bindhu
Party Age
50
Relation
W/o
Party Role
Defendant
Party Name
Perayam Grama Panchayath
Relation
represented by Secretary
Party Role
Defendant
Party Name
The Deputy Director of Panchayat
Plaintiffs Documents
Certified copy of plaint in OS. 425/19, Application under Right to Information Act, Photocopy of Suit notice, Postal Acknowledgment Card.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Arun Babu
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Kundara Jose
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Directing the defendants to demolish and remove the unauthorized construction.
Evidence:
The defendants 1 and 2 are hereby directed to demolish and remove the plaint C schedule unauthorized construction within two months from the date of the judgment.
Relief Type: Mandatory Injunction
Outcome: Partly Granted
Description:
If the defendants failed to remove the construction, directing the 3rd defendant to demolish and remove the unauthorized construction.
Evidence:
If the defendants 1 and 2 did not remove the construction, then the 3rd defendant is directed to demolish and remove the plaint C schedule unauthorized construction as per Rules.
Relief Type: Damages
Outcome: Granted
Description:
Entitlement to costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to realise costs of the suit from the defendants 1 and 2.

Documents & Evidence

Document Type: Certified copy of Plaint
Submitted By: Plaintiff
Relevance:
Produced to support the plaintiffs' claims regarding the title and possession of the A schedule property.
Reference:
Ext.A1
Document Type: Application under Right to Information Act
Submitted By: Plaintiff
Relevance:
Produced to support the claim that no permit was granted for the construction.
Reference:
Ext.A2
Document Type: Photocopy of Suit notice
Submitted By: Plaintiff
Relevance:
Notice regarding the unauthorized construction sent to the defendants.
Reference:
Ext.A3
Document Type: Photocopy of Suit notice
Submitted By: Plaintiff
Relevance:
Additional notice regarding the unauthorized construction issued to the defendants.
Reference:
Ext.A4
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Acknowledgment of receipt regarding previous notices sent to the defendants.
Reference:
Ext.A5

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between R.Bahuleyan et al vs Prasad.K et al regarding Injunction
Case Code Year
Case between R.Bahuleyan et al vs Prasad.K et al regarding Injunction

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Wed, 01/01/2020 - 12:00
Case Closed
Sat, 08/23/2025 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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