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OS. No.240/2016

Case between Shylaja Kumari et al vs Rajappan Nadar et al regarding permanent prohibitory injunction

Court
COURT OF THE ADDITIONAL MUNSIFF-III
Judge
Smt.Sreelakshmi C.
Order Date
2025-02-28
Duration
approximately-9 years 27 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Shylaja Kumari and Venu N, are neighbors who are seeking a permanent prohibitory injunction against the defendants, Rajappan Nadar and others, to prevent them from removing soil from their property, which is damaging the collateral support of the plaintiffs' properties. The defendants deny any wrongdoing and claim they have the necessary permits for their actions.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the plaintiffs' request for a permanent prohibitory injunction against the defendants, preventing them from removing soil that could compromise the structural integrity of the plaintiffs' properties. The court also allowed the plaintiffs to claim costs from the defendants.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs' request for a permanent prohibitory injunction against the defendants, preventing them from removing soil that could compromise the structural integrity of the plaintiffs' properties. The court also allowed the plaintiffs to claim costs from the defendants.
Why Plaintiff Won:
The plaintiffs proved the likelihood of damage to their properties due to the defendants' actions.
Losing Side's Weaknesses:
The plaintiffs proved the likelihood of damage to their properties due to the defendants' actions.
Supporting Evidence
Ext.C1 report indicates the removal of soil from defendants' property would damage the lateral support of the plaintiffs' property.

Judgment Evidence:

In the result, the suit is decreed as follows: 1) The defendants are restrained from removing the soil from the property to destroy the collateral support of the plaint A and B schedule building situated in it.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shylaja Kumari
Party Age
52
Relation
W/o
Party Role
Plaintiff
Party Name
Venu N
Party Age
49
Relation
S/o
Party Role
Plaintiff
Party Name
Shibu J.S
Relation
S/o
Party Role
Plaintiff
Party Name
Shani K.S
Relation
W/o
Party Role
Defendant
Party Name
Rajappan Nadar
Party Age
68
Relation
S/o
Party Role
Defendant
Party Name
Daisy
Relation
W/o
Party Role
Defendant
Party Name
Jyothi
Relation
D/o
Party Role
Defendant
Party Name
Geetha
Relation
D/o
Party Role
Defendant
Party Name
Jose
Relation
S/o
Plaintiffs Documents
Certified copy of sale deed No.512/2016, Certified copy of Sale Deed No. 3736/2014, Tax Receipt for the period 2022-2023, Tax Receipt for the period 2023-2024
Defendants Documents
Copy of order in Mining and Geology Department

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Robin Jose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. K.C. Balakrishnan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. R. Raj Kumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction to restrain the defendant from removing soil that would destroy the collateral support of the plaint A and B schedule properties.
Evidence:
Thus from the conspectus of the above mentioned reasoning, it is found that the plaintiff is entitled for a decree of permanent prohibitory injunction as prayed for.
Relief Type: Costs
Outcome: Granted
Description:
Entitlement for the plaintiffs to realise the cost of the suit from the defendants and their assets.
Evidence:
The plaintiffs are entitled to realise the cost of the suit from the defendants and their assets.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed No.512/2016 obtained by the 3rd plaintiff.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of Sale Deed No.3736/2014 obtained by the 1st plaintiff.
Reference:
Ext.A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt for the period 2022-2023 showing payment by the 1st plaintiff.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt for the period 2023-2024 showing payment by the 1st plaintiff.
Reference:
Ext.A3(a)
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt for the period of 2022-2023.
Reference:
Ext.A4
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt for the period 2023-2024.
Reference:
Ext.A4(a)
Document Type: Order Copy
Submitted By: Defendant
Relevance:
Copy of order from Mining and Geology Department permitting soil removal.
Reference:
Ext.B1
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report describing the lie and nature of plaint schedule properties.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Rough sketch prepared in connection with the commission report.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Shylaja Kumari et al vs Rajappan Nadar et al regarding permanent prohibitory injunction
Case Code Year
Case between Shylaja Kumari et al vs Rajappan Nadar et al regarding permanent prohibitory injunction

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Tue, 01/26/2016 - 12:00
Case Closed
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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