Case Summary
Saji K.M is the plaintiff, seeking a permanent prohibitory injunction against Raveendren Nair and his son Bipin Kumar. The plaintiff claims unlawful attempts by the defendants to demolish the compound wall separating their properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants and their henchmen are perpetually restrained from trespassing into the plaint schedule property and from demolishing any portion of the compound wall or gate.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent injunction against the defendants to prevent them from interfering with the plaintiff's property.
Why Plaintiff Won:
The plaintiff demonstrated lawful possession of the property and a credible threat from the defendants.
The plaintiff demonstrated lawful possession of the property and a credible threat from the defendants.
Losing Side's Weaknesses:
The plaintiff demonstrated lawful possession of the property and a credible threat from the defendants.
The plaintiff demonstrated lawful possession of the property and a credible threat from the defendants.
Supporting Evidence
The balance of convenience lies in favour of PW1, as any disturbance to his possession would cause irreparable injury that cannot be adequately compensated by damages.
Judgment Evidence:
In the result; The suit is decreed as follows: (a) Let the defendants and their henchmen be perpetually restrained from trespassing into the plaint schedule property and from demolishing any portion of the compound wall or gate situated therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saji K.M
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Raveendren Nair
- Party Age
- 72
- Party Role
- Defendant
- Party Name
- Bipin Kumar
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Sale Deed No. 2461/2012, Certified copy of the Sale Deed No. 2423/2011, Approved plan from the Trivandrum City Corporation, Tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. Vasudevan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against the defendants from trespassing into the plaint schedule property.
Evidence:
The suit is decreed as follows: (a) Let the defendants and their henchmen be perpetually restrained from trespassing in to the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction against the defendants from demolishing any portion of the compound wall or gate.
Evidence:
Let the defendants and their henchmen be perpetually restrained from demolishing any portion of the compound wall or gate situated there in.
Relief Type:
Other
Outcome:
Granted
Description:
Injunction against interference with the plaintiff’s peaceful possession and enjoyment of the plaint schedule property.
Evidence:
Let the defendants and their henchmen also be perpetually restrained from interfering with the plaintiff’s peaceful possession and enjoyment of the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale Deed No. 2461/2012, establishing the plaintiff's ownership over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale Deed No. 2423/2011, indicating the previous ownership before the plaintiff.
Reference:
Ext.A2
Document Type:
Approved Plan
Submitted By:
Plaintiff
Relevance:
Approved plan from the Trivandrum City Corporation, showing the layout of the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt evidencing the plaintiff's payments related to the plaint schedule property.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report showing the nature and lie of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by the advocate commissioner detailing the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2017