Case Summary
Sethukumar is the plaintiff seeking a Permanent Prohibitory Injunction against Sivaraman and others, who are allegedly threatening to demolish a wall on his property. The plaintiff claims ownership of the property and contends that the defendants have no right to trespass or damage the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent Prohibitory Injunction
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved possession of the plaint schedule property and the defendants did not contest the case.
The plaintiff proved possession of the plaint schedule property and the defendants did not contest the case.
Judgment Evidence:
In the result, the suit is decreed as follows. 1) The defendant and his men are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property, demolishing the stone foundation or wall on the northern side of the plaint schedule property or do any kind of act detrimental to the rights of the plaintiff in the plaint schedule property.
Parties Involved
Plaintiffs
Sethukumar (49 years)
Aattupurathu Kalappura House, Kunnathunadu Taluk, Thiruvaniyoor Village, Muriyamangalam Kara, Mamala P.O, Pin - 682 305
Defendants
Sivaraman (59 years)
Priya Nivas, Muriyamangalam Kara, Thiruvaniyoor Village, Kunnathunadu Taluk, Pin - 682 305
Muralidharan (53 years)
Maliyakal Kalappurayil House, Muriyamangalam Kara, Thiruvaniyoor Village, Kunnathunadu Taluk, PIN – 682 305
Thampi (55 years)
Memanayil House, Muriyamangalam Kara, Thiruvaniyoor Village, Kunnathunadu Taluk, Pin - 682 305
Suni (42 years)
Vellanjil Parambil House, Muriyamangalam Kara, Thiruvaniyoor Village, Kunnathunadu Taluk, Pin - 682 301
Manu Krishna (25 years)
Maliyakkal Kalappurayil House, Muriyamangalam Kara, Thiruvaniyoor Village, Kunnathunadu Taluk, Pin - 682 305
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction to prevent defendants from trespassing or demolishing the wall.
Evidence:
The defendant and his men are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property, demolishing the stone foundation or wall on the northern side of the plaint schedule property or do any kind of act detrimental to the rights of the plaintiff in the plaint schedule property.
Relief Type:
Costs
Outcome:
Refused
Description:
Request for costs in the suit.
Evidence:
The plaintiffs are not entitled to get costs in the suit.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence related to property tax.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence related to property tax.
Reference:
Ext.A3
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Illustrates the location of the plaint schedule property.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the plaintiff's possession of the property.
Reference:
Ext.A5
Document Type:
Encrumbrance Certificate
Submitted By:
Plaintiff
Relevance:
Provides details regarding any encumbrances on the property.
Reference:
Ext.A6
Document Type:
Encrumbrance Certificate
Submitted By:
Plaintiff
Relevance:
Provides details regarding any encumbrances on the property.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Gives findings related to the property after a commission.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual representation related to the commission findings.
Reference:
Ext.C1(a)