Case Summary
The plaintiff, Sreedevi, is seeking a permanent prohibitory injunction against her cousin and uncle who are allegedly threatening her right to possess her property. The defendants coerced a relative into transferring part of the property and are accused of trespassing and making threats.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from trespassing and committing any waste or damages in the plaint schedule property; costs of the suit to plaintiff.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting her a permanent prohibitory injunction against the defendants from trespassing her property and ordering them to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff established her case through unchallenged oral and documentary evidence.
The plaintiff established her case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established her case through unchallenged oral and documentary evidence.
The plaintiff established her case through unchallenged oral and documentary evidence.
Supporting Evidence
The apprehension of plaintiff is well founded. Therefore from the documents produced and proof affidavit which remain unchallenged, I am satisfied that plaintiff has established her case. The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of plaintiff.
Judgment Evidence:
In the result, suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from trespassing and committing any waste or any damages in the plaint schedule property. Defendants are directed to pay costs of the suit to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreedevi
- Party Age
- 31
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ambily Roshan
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Roshan A K
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Sale deed No. 621/2018, Possession certificate No.31766206, Tax receipt No.743/2023, Location sketch No.554/2018, Complaint No.2931/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sreekanth S Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandeep P Johnson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nafeesa P S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by a permanent prohibitory injunction from trespassing and committing any waste or any damages in the plaint schedule property.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from trespassing and committing any waste or any damages in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
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:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff purchased the plaint schedule property from Robert.
Reference:
Ext.A1
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's possession of the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of the plaintiff's financial responsibilities for the property.
Reference:
Ext.A3
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Details the location and boundaries of the property in question.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Document of a prior complaint made by the 1st defendant against the plaintiff.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sreedevi vs Ambily Roshan et al regarding permanent prohibitory injunction
Case Code Year
Case between Sreedevi vs Ambily Roshan et al regarding permanent prohibitory injunction