Case Summary
Scaria Thomas, the plaintiff, seeks a permanent prohibitory injunction against defendants Rajeev M.S. and K.T.Santhosh. The plaintiff claims ownership and protection of his property against illegal encroachments by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from encroaching on the plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from encroaching on the plaintiff's property.
Why Plaintiff Won:
The plaintiff proved ownership and possession of the property, and the defendants failed to establish any legal right over it.
The plaintiff proved ownership and possession of the property, and the defendants failed to establish any legal right over it.
Losing Side's Weaknesses:
The plaintiff proved ownership and possession of the property, and the defendants failed to establish any legal right over it.
The plaintiff proved ownership and possession of the property, and the defendants failed to establish any legal right over it.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff is entitled to get a decree for permanent prohibitory injunction as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:- a.Defendants and men under them or their agents are restrained by a decree of permanent prohibitory injunction from encroaching into plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Scaria Thomas
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajeev M.S.
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.T.Santhosh
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Original Power of Attorney, Certified copy of the Original Title deed No.1751/2008 of SRO Vaikom, Land Tax receipt for the year 2023-2024, Land Tax receipt for the year 2025-2026
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Bindu K.N
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Divya B Nair
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by a decree of permanent prohibitory injunction from encroaching into plaint A schedule property.
Evidence:
In the result, the suit is decreed as follows:- a.Defendants and men under them or their agents are restrained by a decree of permanent prohibitory injunction from encroaching into plaint A schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to get costs from the defendants.
Evidence:
b.The plaintiff is entitled to get costs from the defendants.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original Power of Attorney dated 23.11.2023 shows the plaintiff was the owner in possession of the property.
Reference:
Ext.A1
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the original Title deed No.1751/2008 of SRO, Vaikom dated 04.06.2008 establishes the plaintiff's ownership.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipts for the years 2023-2024 and 2025-2026 demonstrate that the properties were in the possession of the plaintiffs.
Reference:
Ext.A3, Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report submitted by Advocate Commissioner identifies the properties.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch submitted by Advocate Commissioner provides visual clarification of the property layout.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
OS
Case Code Year
2025