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O.S 61/2022

Case between Santhosh Kumar vs Gopalakrishnan Nair et al regarding permanent prohibitory injunction

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY.
Judge
Smitha Susan Mathew
Order Date
2025-01-28
Duration
approximately-2 years 11 days
Case Code No.
61
Case Closed
Tue, 01/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Santhosh Kumar, is seeking a permanent prohibitory injunction against the defendants, Gopalakrishnan Nair and others, to prevent them from obstructing his ingress and egress through a specific property. The defendants, who did not file a written statement, attempted to carry out construction activities on the property in question.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed, granting the plaintiff a permanent prohibitory injunction against the defendants from carrying out any construction activities and obstructing the plaintiff's use of the property.
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained by a decree of permanent prohibitory injunction from carrying out any construction activities, encroaching plaint Item No.2 property and causing any obstruction to the peaceful enjoyment of plaint schedule Item No.2 property by the plaintiff for their ingress and egress.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, granting the plaintiff a permanent prohibitory injunction against the defendants from carrying out any construction activities and obstructing the plaintiff's use of the property.
Why Plaintiff Won:
The unchallenged testimony of the plaintiff and supporting documents proved the case.
Losing Side's Weaknesses:
The unchallenged testimony of the plaintiff and supporting documents proved the case.
Supporting Evidence
The unchallenged testimony of PW1 and the documents produced proved the case of the plaintiff.

Judgment Evidence:

In the result, the suit is decreed with costs as follows: Defendants are restrained by a decree of permanent prohibitory injunction from carrying out any construction activities, encroaching plaint Item No.2 property and causing any obstruction to the peaceful enjoyment of plaint schedule Item No.2 property by the plaintiff.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Santhosh Kumar
Party Age
62
Relation
S/o
Party Role
Defendant
Party Name
Gopalakrishnan Nair
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
Krishnan Nair @ Unni
Party Age
52
Relation
B/o
Party Role
Defendant
Party Name
M.K. Indira
Party Age
57
Relation
D/o
Party Role
Defendant
Party Name
Ajithkumar
Party Age
34
Relation
S/o
Party Role
Defendant
Party Name
Aswathy
Party Age
40
Relation
W/o
Plaintiffs Documents
Certified copy of partition deed No.1890/2002 of SRO, Eruymely; Tax receipt No. KL05020102556 /2021 of Cheruvally Village Office; Certified copy of Resurvey Plan.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
George Kurian
Appearance Type
Main Counsel
Party Role
Court
Advocate Name
Jincy Joseph
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from carrying out any construction activities on plaint Item No.2 property.
Evidence:
Defendants are restrained by a decree of permanent prohibitory injunction from carrying out any construction activities, encroaching plaint Item No.2 property and causing any obstruction to the peaceful enjoyment of plaint schedule Item No.2 property by the plaintiff for their ingress and egress.
Relief Type: Other
Outcome: Granted
Description:
Plaintiffs are entitled to get the cost of the suit from defendants.
Evidence:
Plaintiffs are entitled to get the cost of the suit from defendants and their assets.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Proves the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Supports the plaintiff's claim regarding the property.
Reference:
Ext.A2
Document Type: Resurvey Plan
Submitted By: Plaintiff
Relevance:
Identifies the location and layout of the property.
Reference:
Ext.A3
Document Type: Mahazar
Submitted By: Court
Relevance:
Documents the findings and inspection results of the Advocate Commissioner.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Visually represents the property layout as assessed by the Advocate Commissioner.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2022

Quick Facts

Location
Kanjirappally
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Fri, 02/18/2022 - 12:00
Case Closed
Tue, 01/28/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
80%

Involved Entities

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