Case Summary
The plaintiff, Sasikumar, is seeking a permanent prohibitory injunction against the defendants, Ushadevarajan and Thankamani Vijayan, who are allegedly attempting to encroach upon his property. The defendants have also obstructed the reconstruction of a compound wall.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their men are restrained from demolishing the existing compound wall and trespassing into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, preventing the defendants from demolishing the compound wall and entering the property.
Why Plaintiff Won:
The plaintiff successfully proved his case with sufficient evidence.
The plaintiff successfully proved his case with sufficient evidence.
Losing Side's Weaknesses:
The plaintiff successfully proved his case with sufficient evidence.
The plaintiff successfully proved his case with sufficient evidence.
Supporting Evidence
By producing Exts. A1, A2 and C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, this suit is decreed as follows: (i) The defendants and their men are hereby restrained from demolishing the existing compound wall situated on the northern and western side of plaint schedule property and causing any alteration thereof.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sasikumar
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ushadevarajan
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thankamani Vijayan
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No.676/2003 of Kilikolloor SRO, Land Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sumith Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from demolishing the existing compound wall and trespassing into the plaint schedule property.
Evidence:
The defendants and their men are hereby restrained from demolishing the existing compound wall situated on the northern and western side of plaint schedule property and causing any alteration thereof.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from causing obstruction to the reconstruction of the compound wall.
Evidence:
The defendants are further restrained from causing obstruction to the reconstruction of the compound wall on the north and western side of plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 676/2003 of Kilikolloor SRO, proving the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 31/08/2022 issued in the name of Sasikumar, supporting the plaintiff's claim of ownership.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Advocate Commissioner detailing the condition and extent of the compound wall.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sasikumar vs Ushadevarajan, Thankamani Vijayan regarding permanent prohibitory Injunction
Case Code Year
Case between Sasikumar vs Ushadevarajan, Thankamani Vijayan regarding permanent prohibitory Injunction