Case Summary
The plaintiff, Sankaran. P. P, is seeking a permanent prohibitory injunction against the defendants, who allegedly trespassed and caused damage to his property. The defendants have denied the allegations and stated they are not intending to trespass.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from trespassing into the plaint schedule property and committing any waste.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants.
Why Plaintiff Won:
The claim of the plaintiff succeeds as the defendants were proceeded exparte.
The claim of the plaintiff succeeds as the defendants were proceeded exparte.
Losing Side's Weaknesses:
The claim of the plaintiff succeeds as the defendants were proceeded exparte.
The claim of the plaintiff succeeds as the defendants were proceeded exparte.
Supporting Evidence
From a perusal of plaint, proof affidavit and documents the claim of the plaintiff succeeds. Since, the defendants are proceeded exparte.
Judgment Evidence:
In the result, the suit is decreed with costs. The defendants, their men or agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and from committing any waste in the house situated in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sankaran. P. P
- Party Age
- 77
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijesh
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aneesh. C
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vinodan
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijeesh Kazhakapurayil
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajeevan
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Copy of Certified copy of partition deed (No. 1416/1973) of SRO, Nadapuram, Land Tax Receipt issued by Village Office, Nadapuram to P. P. Sankaran, Certified copy of FIR & FIS No. 07/2024 of Nadapuram Police Station.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Siju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Divya. K. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule property.
Evidence:
The plaintiff is entitled to seek a relief of permanent prohibitory injunction from this court.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Copy of Certified copy of partition deed establishing ownership over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt showing the plaintiff's ownership and payment of taxes for the property.
Reference:
Ext.A2
Document Type:
FIR & FIS
Submitted By:
Plaintiff
Relevance:
Certified copy of FIR & FIS reporting the defendants' actions against the plaintiff.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Sankaran. P. P vs Vijesh et al regarding permanent prohibitory injunction.
Case Code Year
Case between Sankaran. P. P vs Vijesh et al regarding permanent prohibitory injunction.