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O.S No. 767/2019

Case between Santha vs Thankamma et al regarding permanent prohibitory injunction

Court
THE I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-03-23
Duration
approximately-4 years 15 days

Judgement document from eCourt website

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Case Summary

Santha is the plaintiff seeking a permanent prohibitory injunction against the defendants, Thankamma and her children, regarding a disputed property. The plaintiff claims ownership and fears trespass by the defendants.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed a permanent prohibitory injunction preventing the defendants from trespassing into the plaintiff's property. The plaintiff was found to be the owner in possession of the disputed property.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved her ownership and settled possession of the property.

Judgment Evidence:

The suit is decreed without costs as follows: 1. The defendants their men and agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property or doing anything injurious to the plaintiff’s right, title and interest over plaint schedule property.

Parties Involved

Plaintiffs

Santha (66 years years) Chirayil house, Kumbalam Desom, Kumbalam village, Pin – 682506

Defendants

Thankamma (68 years years) Keeranatt house, Panangad south, Panangad desom, Kumbalam village, Pin – 682506 Shalu (48 years years) Keeranatt house, Panangad south, Panangad desom, Kumbalam village, Pin – 682506 Santhosh (45 years years) Keeranatt house, Panangad south, Panangad desom, Kumbalam village, Pin – 682506

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The plaintiff sought a decree of permanent prohibitory injunction to restrain the defendants from trespassing into the plaint schedule property.
Evidence:
The defendants their men and agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property or doing anything injurious to the plaintiff’s right, title and interest over plaint schedule property.

Documents & Evidence

Document Type: Purchase Certificate
Submitted By: Plaintiff
Relevance:
The document establishes the original ownership of the property by Narayani.
Reference:
Ext.A1
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
This deed shows the settlement of 5 cents of property in favor of the second and third defendants.
Reference:
Ext.A2
Document Type: Building Tax Receipt
Submitted By: Plaintiff
Relevance:
It serves as proof of the plaintiff’s ownership and residence in the plaint schedule property.
Reference:
Ext.A3
Document Type: Ration Card
Submitted By: Plaintiff
Relevance:
The ration card serves to confirm the identity and residency of the plaintiff.
Reference:
Ext.A4
Document Type: Residence Certificate
Submitted By: Plaintiff
Relevance:
This certificate is issued by Kumbalam Grama Panchayat certifying the plaintiff's residence.
Reference:
Ext.A5
Document Type: Certified copy of document
Submitted By: Plaintiff
Relevance:
It documents the sale of the property sold by the defendants.
Reference:
Ext.A6
Document Type: Partition Deed
Submitted By: Defendant
Relevance:
This deed provides evidence regarding the partition of the property and the shares allotted.
Reference:
Ext.B1

Quick Facts

Location
Ernakulam
Case Filed
Fri, 03/08/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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