Case Summary
Sobha Kumari filed a suit against Thulaseedharan and Anil for a permanent prohibitory injunction concerning a property dispute. The first defendant attempted to encroach into the plaint schedule property leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff restraining the first defendant from encroaching into the plaint schedule property.
Why Plaintiff Won:
The plaintiff established through evidence that the first defendant attempted to encroach into the plaint schedule property.
The plaintiff established through evidence that the first defendant attempted to encroach into the plaint schedule property.
Losing Side's Weaknesses:
The plaintiff established through evidence that the first defendant attempted to encroach into the plaint schedule property.
The plaintiff established through evidence that the first defendant attempted to encroach into the plaint schedule property.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff, the plaintiff has established that the first defendant has attempted to encroach into plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiff and the first defendant is restrained from encroaching into the plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sobha Kumari
- Party Age
- 51
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Thulaseedharan @ Raju
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anil
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Certified copy of Settlement Deed No. 3178/2016 of Varkala SRO, Land Tax Receipt No. KL01060409613/2022 of Edava Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Suresh Kumar P.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction granted against the first defendant from encroaching into the plaint schedule property.
Evidence:
Hence the plaintiff is entitled to get a decree of permanent prohibitory injunction.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed establishing ownership of plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt indicating the plaintiff's payment of tax for the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Advocate Commissioner detailing the state of the property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by Advocate Commissioner illustrating the property layout.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Sobha Kumari vs Thulaseedharan @ Raju et al regarding permanent prohibitory injunction
Case Code Year
Case between Sobha Kumari vs Thulaseedharan @ Raju et al regarding permanent prohibitory injunction