Case Summary
The plaintiffs, Santharam and Raghavendra Bhat, sought an injunction against the defendants, R. Ramesh and M. Venugopalan, for failing to construct agreed villas on the plaintiffs' property. After the defendants were set ex parte for not filing a written statement, the court concluded in favor of the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing into the Plaint A Schedule property
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their case based on uncontested evidence.
The plaintiffs proved their case based on uncontested evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: I. A decree of permanent prohibitory injunction is passed by restraining the defendants, their men and gangsters from trespassing into the Plaint A Schedule property or doing any mischief thereon and also from doing anything which will infringe the plaintiffs right, title, ownership and possession of plaint A schedule property.
Parties Involved
Plaintiffs
Santharam (65 years)
Maruthi Nivas, Manath Road, Ambadimoola, Thrikkakara P.O, Pin - 682 021
Raghavendra Bhat (61 years)
Maruthi Nivas, Manath Road, Ambadimoola, Thrikkakara P.O, Pin - 682 021
Sasikala Santharam (60 years)
Flat No. C2, 2ⁿᵈ Floor, Cloud Space, Edachira, Ernakulam
Defendants
Mr. R. Ramesh (60 years)
'Midhunam', Padamugal, Kakkanad P.O, Pin - 682 030
Mr. M. Venugopalan (61 years)
'Harivarsham', Thuravoor Post, Alleppey - 688 532
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is issued against the defendants.
Evidence:
A decree of permanent prohibitory injunction is passed by restraining the defendants, their men and gangsters from trespassing into the Plaint A Schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiffs are entitled to the costs of the suit from the defendants.
Evidence:
I am also of the opinion that the plaintiffs are entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Partition Deed establishing ownership of the Plaint A Schedule property.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of the agreement executed between plaintiffs and defendants regarding the construction of villas.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Computer print out of statement of account showing transactions related to the agreement cancellation.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Computer print out of statement of account showing subsequent transactions.
Reference:
Ext.A4