Case Summary
The plaintiff, Sindhukumari.S, is seeking a permanent prohibitory injunction against the defendants, who are her brother and his family members. The court found that the defendants attempted to interfere with the plaintiff's peaceful possession of her property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting her a permanent prohibitory injunction against the defendants. The court ordered the defendants to refrain from any actions that would disrupt the plaintiff's possession of her property.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proved her ownership and peaceful possession of the property.
The plaintiff's unchallenged evidence proved her ownership and peaceful possession of the property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court found that the plaintiff's unchallenged evidence and documents clearly supported her case for permanent injunction against the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs and the defendants and their henchmen are restrained by a decree of permanent prohibitory injunction from putting any gate on the eastern extremity of the plaint A schedule property or creating any interference to the plaintiff’s peaceful possession and enjoyment over the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sindhukumari.S
- Party Age
- 44
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Suresh Kumar
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayasree
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rajesh Sudarsan
- Party Age
- 45
Plaintiffs Documents
Certified copy of settlement deed No.1063/2001, Certified copy of sale deed No.74/2015, Tax receipt dated 08.07.2022, Possession certificate No.66393556 dated 15.07.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Jayachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Vidya Chandran.R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sreekumar.P.P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Ramadas.C.N
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against the defendants preventing interference with the plaintiff's property.
Evidence:
The defendants and their henchmen are restrained by a decree of permanent prohibitory injunction from putting any gate on the eastern extremity of the plaint A schedule property or creating any interference to the plaintiff’s peaceful possession.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.1063/2001 dated 25.04.2001, proving the plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.74/2015 dated 14.01.2015, relevant to the property in question.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 08.07.2022, supporting the plaintiff's ownership.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate No.66393556 dated 15.07.2022, establishing the plaintiff's possession.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report dated 24.11.2022, utilized in the court's reasoning.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch dated 24.11.2022, supporting the findings of 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
OS.NO.
Case Code Year
2022