Case Summary
Saramma K.K. and K.V. Pathrose are plaintiffs seeking a permanent prohibitory injunction against Shaji T.Y. and Maya, the defendants, concerning the ownership and possession of a property. The plaintiffs claim absolute ownership while the defendants assert rights based on a prior agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction for removal of temporary shed.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendants and ordered the removal of a temporary shed constructed by the defendants on the plaintiffs' property.
Why Plaintiff Won:
Plaintiffs provided clear evidence of ownership and possession, demonstrating defendants' lack of rights over the property.
Plaintiffs provided clear evidence of ownership and possession, demonstrating defendants' lack of rights over the property.
Losing Side's Weaknesses:
Plaintiffs provided clear evidence of ownership and possession, demonstrating defendants' lack of rights over the property.
Plaintiffs provided clear evidence of ownership and possession, demonstrating defendants' lack of rights over the property.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff is entitled to get mandatory injunction as prayed for.
Judgment Evidence:
In the result, suit decreed with costs as follows: a. The defendants and their men are restrained by an order of permanent prohibitory injunction from encroaching into the plaint schedule property including their house situated therein, making any destruction in its boundaries, causing obstruction into the plaintiffs use of schedule property and doing any other acts detrimentally affecting the rights of the plaintiffs. b.The defendants are directed to remove the temporary shed constructed in the plaint schedule property by an order of mandatory injunction within a period of one month date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saramma K.K.
- Party Age
- 51
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- K.V. Pathrose
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaji T.Y.
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Maya
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale deed No. 2192/1998, Building tax receipt No. 2651605, Tax receipt No. KL 05050705192/2019, Family membership certificate No. 1274/2017.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.S. Renjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Asha K.P.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.A. Bijoy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D. Subhash Chandran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and their men are restrained from encroaching into the plaint schedule property.
Evidence:
The defendants and their men are restrained by an order of permanent prohibitory injunction from encroaching into the plaint schedule property including their house situated therein.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to remove the temporary shed constructed in the plaint schedule property.
Evidence:
The defendants are directed to remove the temporary shed constructed in the plaint schedule property by an order of mandatory injunction within a period of one month.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 2192/1998 establishing the ownership of the plaintiffs over the property.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt indicating the tax paid for the property, supporting the plaintiffs' claim of ownership.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt demonstrating the ongoing liability of the property tax, reinforcing the plaintiffs' possession of the property.
Reference:
Ext.A3
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
Family membership certificate relevant to the plaintiffs’ standing.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court commissioner report regarding the property which aided the court's determination.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch filed with commission report, helpful for understanding the property boundaries.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further commission report from the court regarding the property.
Reference:
Ext.C2
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Additional rough sketch related to the commission report clarifying the property layout.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Saramma K.K. vs Shaji T.Y. et al regarding permanent prohibitory injunction and other consequential reliefs.
Case Code Year
Case between Saramma K.K. vs Shaji T.Y. et al regarding permanent prohibitory injunction and other consequential reliefs.