Case Summary
Sebastian, the plaintiff, is seeking a permanent prohibitory injunction against Abbas, the defendant, to prevent him from trespassing and forming a way through the plaintiff's property. The plaintiff claims ownership of the property and that the defendant is attempting to encroach upon it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant and costs of the proceedings to be paid to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff's request for a permanent prohibitory injunction against the defendant, prohibiting him from entering the plaint schedule property and interfering with the plaintiff's possession.
Why Plaintiff Won:
The plaintiff proved ownership and possession of the property through reliable evidence and documents.
The plaintiff proved ownership and possession of the property through reliable evidence and documents.
Losing Side's Weaknesses:
The plaintiff proved ownership and possession of the property through reliable evidence and documents.
The plaintiff proved ownership and possession of the property through reliable evidence and documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and PW2 and the documents produced.
Judgment Evidence:
In the result, 1. The defendant, his men and agents are restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property, committing waste therein, forming a way to the property of the defendant through the plaint schedule property, obstructing the plaintiff’s possession of the plaint schedule property and also from removing the stones from the boundary wall of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sebastian
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abbas @ Padali Abbas
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Photocopy of deed No.1829/1978 of SRO Mukkam, Letter issued by Manager, Kerala Gramin Bank, Tax receipt issued by Village Officer.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G.Manoharlal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anurudh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Vishnupriya
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from trespassing into the plaint schedule property and committing waste.
Evidence:
The defendant, his men and agents are restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property, committing waste therein...
Relief Type:
Cost
Outcome:
Granted
Description:
Defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall also pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Document issued by the bank supporting the plaintiff's case.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the ownership claim over the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Documents and proof from the advocate commissioner regarding the property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Sebastian vs Abbas @ Padali Abbas regarding permanent prohibitory injunction.
Case Code Year
Case between Sebastian vs Abbas @ Padali Abbas regarding permanent prohibitory injunction.