Case Summary
The plaintiff, Sheen B.Netto, is seeking a permanent prohibitory injunction against the defendants, Johnson and Sreelatha, to prevent them from trespassing on his property and causing damage. The case involves a dispute over adjacent properties in Kolllam.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants.
Case Type
Injunction
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants. They are restrained from trespassing upon the plaint schedule property.
Why Plaintiff Won:
The evidence and documents presented by the plaintiff established his ownership and right to enjoyment of the property, remaining unchallenged by the defendants.
The evidence and documents presented by the plaintiff established his ownership and right to enjoyment of the property, remaining unchallenged by the defendants.
Losing Side's Weaknesses:
The evidence and documents presented by the plaintiff established his ownership and right to enjoyment of the property, remaining unchallenged by the defendants.
The evidence and documents presented by the plaintiff established his ownership and right to enjoyment of the property, remaining unchallenged by the defendants.
Supporting Evidence
The evidence of PW1 coupled with Ext. A1 and A2 documents would prove the apprehension of the plaintiff regarding trespass into the plaint schedule property by the defendants. Plaintiff's case stands proved and unchallenged by the pleadings and evidences.
Judgment Evidence:
In the result, the suit is decreed with costs. The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from causing any obstructions to the peaceful possession and enjoyment of plaint schedule property by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sheen B.Netto
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Johnson
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sreelatha
- Party Age
- 43
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale Deed No. 62/2021, Land Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mundakkal R.Santhosh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Monica Saji Richard
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reshma Raj
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajeswari.J
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Pooja Rajendran
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Laila M.H
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fathima Sharaf
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanently restraining the defendants from trespassing into the plaint schedule property.
Evidence:
In the result, the suit is decreed with costs as follows: 1.The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from causing any obstructions to the peaceful possession and enjoyment of plaint schedule property by the plaintiff and also from committing any waste, damage, nuisance or mischief therein.
Relief Type:
Other
Outcome:
Granted
Description:
Entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff is the absolute owner in possession of plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms that the plaintiff is remitting land tax for the plaint schedule property.
Reference:
Ext.A2
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sheen B.Netto vs Johnson, Sreelatha regarding Injunction
Case Code Year
Case between Sheen B.Netto vs Johnson, Sreelatha regarding Injunction