Case Summary
Sankaran Nampoothiri is the plaintiff seeking a permanent prohibitory injunction against Kollam Muncipal Corporation. The plaintiff alleges that the defendant is planning to trespass and demolish boundary walls of his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant and his men are permanently restrained from trespassing into the plaint schedule property and from demolishing the western and northern boundary walls of the property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, permanently restraining the defendant from trespassing into the plaint schedule property and demolishing the boundary walls.
Why Plaintiff Won:
The plaintiff's case stands proved and unchallenged by the pleadings and evidences.
The plaintiff's case stands proved and unchallenged by the pleadings and evidences.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Exts.A1 to A3 and C1 series, would prove the plaint claim. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendant and his men are permanently restrained from trespassing into the plaint schedule property and from demolishing the western and northern boundary walls of the property and also from committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sankaran Nampoothiri. S
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kollam Muncipal Corporation
- Relation
- represented by
Plaintiffs Documents
Sale Deed No. 1541/2014, Land tax receipt, Possession certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. Sankaran Nampoothiri
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanently restrains the defendant from trespassing into the plaint schedule property and from demolishing the western and northern boundary walls.
Evidence:
The defendant and his men are permanently restrained from trespassing into the plaint schedule property and from demolishing the western and northern boundary walls of the property and also from committing any waste therein.
Relief Type:
Other
Outcome:
Granted
Description:
Entitled to recover costs of the suit from the defendant.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's absolute ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff is remitting land tax for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Affirms the plaintiff's possession of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Identifies the plaint schedule property and its boundaries.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Provides evidence regarding the condition of the plaint schedule property.
Reference:
Ext.C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation of the plaint schedule property.
Reference:
Ext.C1(b)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimony of the plaintiff affirming ownership and possession.
Reference:
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sankaran Nampoothiri vs Kollam Muncipal Corporation regarding permanent prohibitory injunction.
Case Code Year
Case between Sankaran Nampoothiri vs Kollam Muncipal Corporation regarding permanent prohibitory injunction.