Case Summary
The plaintiff, Souda, sought a permanent prohibitory injunction against the defendants to prevent them from trespassing and altering the boundaries of her property. The case revolves around the defendants' alleged encroachment on the plaint schedule property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing or altering the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from trespassing into her property and making any alterations or demolitions that affect her possession.
Why Plaintiff Won:
The defendants failed to challenge the plaintiff's evidence effectively, and their admissions allowed the plaintiff to establish her case.
The defendants failed to challenge the plaintiff's evidence effectively, and their admissions allowed the plaintiff to establish her case.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The first defendant was proceeded exparte, and the second defendant did not contest the evidence produced by the plaintiff. Additionally, the plaintiff's title to the property was acknowledged by the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Souda
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Executive Engineer, P.M.G.S.Y, Programme Implementation Unit
- Party Role
- Defendant
- Party Name
- Secretary, Purameri Gramapanchayath Office
- Party Role
- Defendant
- Party Name
- Uralunkal Labour Contract Co-operative Society Limited
- Relation
- Represented by
Plaintiffs Documents
Certified copy of Gift Deed No. 676/2019, Basic Tax Receipt issued by Village Office, Purameri.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Pramod Kakkattil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. Prasad
- Appearance Type
- Government Pleader
- Party Role
- Defendant
- Advocate Name
- Sri. Vivek. K. P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. M. Ramdas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are permanently enjoined from trespassing and altering the boundaries of the plaint schedule property.
Evidence:
The defendants and their men or agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property, effecting alterations in the boundary of the plaint schedule property and also from widening the road by cutting any portion of the plaint schedule property and from demolishing the compound wall.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Gift Deed No. 676/2019 proving the plaintiff's title to the property.
Reference:
Ext.A1
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued to prove payment of tax for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report submitted by Advocate Commissioner detailing the condition and boundaries of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Commissioner's Plan
Submitted By:
Court
Relevance:
Plan submitted by the Advocate Commissioner illustrating the dimensions and layout of the plaint schedule property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Unauthorized occupation
Case Code
Case between Souda vs Executive Engineer, Secretary, Uralunkal Labour Contract Co-operative Society Limited regarding permanent prohibitory injunction.
Case Code Year
Case between Souda vs Executive Engineer, Secretary, Uralunkal Labour Contract Co-operative Society Limited regarding permanent prohibitory injunction.