Case Summary
The plaintiff, Sobha Kumari, filed a suit seeking a permanent prohibitory injunction against the first defendant, Thulaseedharan @ Raju. The case involves a property dispute where the first defendant allegedly attempted to encroach on the plaintiff's property.
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 upon the plaint schedule property.
The plaintiff established through evidence that the first defendant attempted to encroach upon the plaint schedule property.
Losing Side's Weaknesses:
The plaintiff established through evidence that the first defendant attempted to encroach upon the plaint schedule property.
The plaintiff established through evidence that the first defendant attempted to encroach upon 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, Land Tax Receipt No.KL01060409613/2022.
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:
A permanent prohibitory injunction was sought against the first defendant from encroaching on the plaintiff's property.
Evidence:
Hence the plaintiff is entitled to get a decree of permanent prohibitory injunction.
Relief Type:
Other
Outcome:
Not Decided
Description:
No order as to costs was requested or decided.
Evidence:
No order as to costs.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed used to establish ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt used to demonstrate the plaintiff's possession and enjoyment of the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Advocate Commissioner to provide evidence in the suit.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by Advocate Commissioner to aid in the court's understanding of 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.