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
The court decreed a permanent prohibitory injunction in favor of the plaintiffs against the defendants. The plaintiffs were also awarded costs of the suit from the defendants.
Why Plaintiff Won:
The plaintiffs proved their case based on uncontested evidence.
The plaintiffs proved their case based on uncontested evidence.
Losing Side's Weaknesses:
The plaintiffs proved their case based on uncontested evidence.
The plaintiffs proved their case based on uncontested evidence.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiffs stands proved. There is nothing to disbelieve in the evidence tendered by PW1 and hence a decree is to be passed in favour of the plaintiffs.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Santharam
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Raghavendra Bhat
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sasikala Santharam
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. R. Ramesh
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. M. Venugopalan
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Certified copy of Partition Deed No. 1035/2019, Photocopy of Agreement (Subject to Proof), Computer print out of Statement of Account for the period from 05.11.2020 to 03.12.2020, Computer print out of Statement of Account for the period of 17.08.2022 to 22.08.2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Peeyus A. Kottam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arjun S. Benedict
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anto George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Issac Alexander
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Santharam et al vs R. Ramesh et al regarding injunction
Case Code Year
Case between Santharam et al vs R. Ramesh et al regarding injunction