Case Summary
The plaintiff, Sankaran. P. P, claims ownership of a property that the defendants trespassed into, causing damage and distress. The plaintiff seeks a permanent injunction to prevent further trespassing and damage.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants.
Why Plaintiff Won:
The plaintiff successfully proved ownership and the defendants were absent.
The plaintiff successfully proved ownership and the defendants were absent.
Losing Side's Weaknesses:
The plaintiff successfully proved ownership and the defendants were absent.
The plaintiff successfully proved ownership and the defendants were absent.
Supporting Evidence
On a perusal of plaint, proof affidavit and documents the claim of the plaintiff succeeds.
Judgment Evidence:
In the result, the suit is decreed with costs.
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
Certified copy of Partition Deed No. 1416/1973, Basic Tax Receipt issued by Village Office, Nadapuram to P. P. Sankaran, Certified copy of FIR No. 7/2024
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 defendants from trespassing into the plaint schedule property.
Evidence:
The plaintiff is entitled to seek a relief of permanent prohibitory injunction from this court.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit awarded to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed establishing ownership over the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Basic Tax Receipt issued by Village Office, Nadapuram to establish the plaintiff's ownership.
Reference:
Ext.A2
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
Certified copy of FIR relating to the criminal case pending against the defendants for trespass.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed to assist the court in making its decision.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Unauthorized occupation
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