Skip to main content
Niyamam AI- Beta Niyamam AI- Beta

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
O.S. No. 281 / 2021

Case between Sindhu P S vs Shanmughan regarding permanent prohibitory injunction

Court
II Additional Munsiff Court, Ernakulam
Judge
Smt. Needi. K. Dinamany
Order Date
2024-10-21
Duration
approximately-3 years 5 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
Find Similar Cases

Case Summary

The plaintiff, Sindhu P S, is seeking a permanent prohibitory injunction against the defendant, Shanmughan, regarding an alleged encroachment on her property. The court found that the plaintiff failed to prove her ownership or possession of the disputed property.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit as the plaintiff failed to establish her ownership or possession of the disputed property. The court ruled that no injunction can be granted against the true owner.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff failed to prove her case regarding ownership and possession of the disputed property.

Judgment Evidence:

In the result, suit is dismissed with costs.

Parties Involved

Plaintiffs

Sindhu P S (36 years years) Sudhalayam, Pulikkillam East Road, Chembumukku, Kakkanad- 682030

Defendants

Shanmughan (60 years years) Thanapadath House, Chembumukku, Kakkanad Kara, Village, Ernakulam- 682030

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Request to prevent the defendant from encroaching or disposing of the plaintiff's property.
Evidence:
Hence from the above discussion this court is satisfied that the plaintiff has not proved the case. Hence plaintiff is not entitled to the reliefs claimed for.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Notarized copy of partition deed No.338/19 of Edappally SRO, showing the plaintiff's title and possession.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed No.1885/1961 of Edappally SRO, relevant to the ownership of the property.
Reference:
Ext.A2
Document Type: Thandaper Register
Submitted By: Plaintiff
Relevance:
Relevant page of the thandaper register in respect of the defendant's property.
Reference:
Ext.A3
Document Type: Property Sketch
Submitted By: Plaintiff
Relevance:
Sketch of plaint schedule property in Re.Sy. No.275/4, Block No.9, indicating the layout of the land.
Reference:
Ext.A4
Document Type: Property Sketch
Submitted By: Plaintiff
Relevance:
Photocopy of the sketch of plaint schedule property in Re.Sy.No.275/4, Block No.9 dated 17.05.2005.
Reference:
Ext.A5
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report showing that the plaint schedule property is vacant land that lies contiguously without demarcation.
Reference:
Ext.C1

Quick Facts

Location
Ernakulam
Case Filed
Sat, 05/29/2021 - 12:00
Outcome Confidence
85%

Involved Entities

Similar Cases