Case Summary
Santhini and Sreekala are the plaintiffs who own property that they allege the defendants illegally trespassed upon. The court addresses their request for injunction against the defendants to prevent further encroachment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against defendants from trespassing and disturbance.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs provided satisfactory proof of ownership and possession of the property, and the defendants failed to defend their position.
The plaintiffs provided satisfactory proof of ownership and possession of the property, and the defendants failed to defend their position.
Judgment Evidence:
In the result, the suit is decreed as follows. Defendants, their men and agents are restrained from trespassing into the plaint A schedule property and committing any manner of waste, disturbance, obstruction or disruption to the ownership, possession and enjoyment of plaint A schedule property by the plaintiff to the exclusion of all others.
Parties Involved
Plaintiffs
Santhini (63 years)
Gurupreethi house, Ponnuruni nursery school road, Vytilla P.O, Pin – 682 019, Ernakulam
Sreekala (54 years)
Santhi Apartment, A-204, Kadavanthra P.O, Pin – 682 020, Ernakulam
Defendants
Chandran (Age not specified years)
Karikkathara veedu, Edayakkunnam colony, Chittoor P.O, near Cheranalloor Panchayath office, Ernakulam – 682 027
Muraleedharan (Age not specified years)
Karikkathara veedu, Edayakkunnam colony, Chittoor P.O, near Cheranalloor Panchayath office, Ernakulam – 682 027
Purushothaman (Age not specified years)
Karikkathara veedu, Edayakkunnam colony, Chittoor P.O, near Cheranalloor Panchayath office, Ernakulam – 682 027
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants were restrained from trespassing into the plaint A schedule property.
Evidence:
Defendants, their men and agents are restrained from trespassing into the plaint A schedule property and committing any manner of waste, disturbance, obstruction or disruption to the ownership, possession and enjoyment of plaint A schedule property by the plaintiff to the exclusion of all others.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants were directed to remove the stone lamp installed by them.
Evidence:
Defendants are directed to remove the stone lamp installed by them in plaint A schedule property and restore plaint A schedule property to its original state within 30 days from the date of this decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit.
Evidence:
Plaintiff shall also be entitled for the costs of the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no. 3678/08 proving ownership of the suit property.
Reference:
Ext.A1
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Original possession certificate proving plaintiffs' possession of the property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original land tax receipt establishing payment of taxes for the property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original land tax receipt establishing payment of taxes for the property.
Reference:
Ext.A3(a)
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original land tax receipt establishing payment of taxes for the property.
Reference:
Ext.A3(b)