Case Summary
The plaintiffs, including Smitha Nursery and its director Ammini Mathew, are involved in a legal dispute with the defendant, R. Sivasankarapillai, who is accused of wrongfully interfering with the institution. The case seeks a perpetual injunction to prevent the defendant from trespassing or interfering with the management of the institution.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual injunction
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the plaintiffs, including unchallenged documents, supported their claim.
The evidence presented by the plaintiffs, including unchallenged documents, supported their claim.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- The defendant is restrained from trespassing into the plaint schedule property or interfere in the management or ruling of the 1st plaintiff institution or obstruct the director Ammini Mathew from managing the affairs of the 1st plaintiff institution or cause any destruction to the plaint schedule property by way of perpetual injunction.
Parties Involved
Plaintiffs
Smitha Nursery and Technical Training Institute (Age not specified years)
Chembarakky P.O., South Vazhakkulam Kara, Vazhakkulam Village
Bessy Mathew (49 years)
Parvelikkudy House, Iringole Kara, Perumbavoor Village
Defendants
R. Sivasankarapillai (55 years)
Gramageetham House, Vadavukode Kara, Puthencruz Village
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs sought perpetual injunction against the defendant's interference with the management of the institution.
Evidence:
Hence, I find that the plaintiffs are entitled for the relief of perpetual injunction as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed proving ownership of the property by the first plaintiff.
Reference:
Ext.A1
Document Type:
Bylaw
Submitted By:
Plaintiff
Relevance:
Copy of the bylaw related to the plaintiff institution.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of the tax receipt issued by Vazhakkulam Village Office supporting the financial standing of the institution.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of the building tax receipt further establishing the legitimacy of the institution's operations.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Adv. E.G. Regitha relevant to the findings of the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch submitted by Adv. E.G. Regitha that accompanies the commission report.
Reference:
Ext.C1(a)