Case Summary
The plaintiff, Sabitha.N, filed a suit seeking a permanent prohibitory injunction against the defendant, Sajith Kumar, who has not paid the license fee and allegedly caused damages to the plaint schedule property. The defendant was exparte in the proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from trespassing upon the plaint schedule property and causing damages.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, restraining the defendant from trespassing and causing damages to the plaint schedule property.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged, proving her case.
The evidence presented by the plaintiff was unchallenged, proving her case.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged, proving her case.
The evidence presented by the plaintiff was unchallenged, proving her case.
Supporting Evidence
The evidence of PW1 and the documents produced by her remains unchallenged. As such, I find that the plaintiff had proved her case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1)The defendant and his men are restrained by a decree of permanent prohibitory injunction from trespassing upon plaint schedule property and from causing damages therein and from obstructing the peaceful life of the plaintiff therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sabitha.N
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sajith Kumar
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Property Tax receipts issued from Olavanna Grama panchayath, Land Tax receipt issued from Olavanna Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Joy Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Geethu.M.K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and his men are restrained from trespassing upon the plaint schedule property.
Evidence:
The defendant and his men are restrained by a decree of permanent prohibitory injunction from trespassing upon plaint schedule property and from causing damages therein and from obstructing the peaceful life of the plaintiff therein.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Produced to substantiate evidence regarding the condition and ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Produced to further substantiate evidence regarding the ownership and tax obligations related to the plaint schedule property.
Reference:
Ext.A2
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 Sabitha.N vs Sajith Kumar regarding permanent prohibitory injunction
Case Code Year
Case between Sabitha.N vs Sajith Kumar regarding permanent prohibitory injunction