Case Summary
Sivadas K N filed a counter claim against Sumesh K P and Prajini for a permanent prohibitory injunction regarding property disputes. The case revolves around the construction of a gate on a property that the defendant claims is detrimental to his rights as a co-owner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from constructing a gate.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The counter claim plaintiff established his case based on unchallenged evidence regarding property rights.
The counter claim plaintiff established his case based on unchallenged evidence regarding property rights.
Judgment Evidence:
In the result, counter claim is decreed on the following terms. Counter claim defendants are restrained by a permanent prohibitory injunction from constructing gate in the eastern boundary of the counter claim schedule property or from doing anything detrimental to the peaceful possession and enjoyment of the counter claim schedule property by the counter claim plaintiff as co-owner.
Parties Involved
Plaintiffs
Sumesh K P (46 years)
Akkanath Parambu, Pachalam, Cochin – 682 012, Ernakulam
Prajini (39 years)
Akkanath Parambu, Pachalam, Cochin – 682 012, Ernakulam
Defendants
Sivadas K N (50 years)
Kunnathu Parambu House, Nikarthil Lane, Pachalam, Cochin – 682 012, Ernakulam
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint on the counter claim defendants from constructing a gate in the eastern boundary of the counter claim schedule property.
Evidence:
Counter claim defendants are restrained by a permanent prohibitory injunction from constructing gate in the eastern boundary of the counter claim schedule property or from doing anything detrimental to the peaceful possession and enjoyment of the counter claim schedule property by the counter claim plaintiff as co-owner.
Relief Type:
Costs
Outcome:
Granted
Description:
Counter claim defendants are directed to pay costs of the suit to plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish the counter claim plaintiff's rights over the property.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Marked to show the joint ownership between the counter claim plaintiff and his mother.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Marked to demonstrate the transfer of property rights to the counter claim plaintiff's daughters.
Reference:
Ext.A3