Case Summary
The plaintiff Subash K K is seeking a permanent prohibitory injunction to prevent the defendants from trespassing on his property. The defendants include Raman Kutty K K and his children, who have allegedly attempted to construct a wall on the plaintiff's land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is restrained from trespassing into the plaint schedule property and annexing to the same to his property or committing any waste therein. The plaintiff is entitled to realize the costs from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, restraining the defendants from trespassing on the plaintiff's property and committing any waste therein.
Why Plaintiff Won:
The plaintiff established his possession of the property, and there was no evidence to rebut the claims made by the plaintiff.
The plaintiff established his possession of the property, and there was no evidence to rebut the claims made by the plaintiff.
Losing Side's Weaknesses:
The plaintiff established his possession of the property, and there was no evidence to rebut the claims made by the plaintiff.
The plaintiff established his possession of the property, and there was no evidence to rebut the claims made by the plaintiff.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff that he is in possession of plaint schedule property. There is no evidence to rebut the evidence adduced on the side of the defendant.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is restrained from trespassing into the plaint schedule property and annexing to the same to his property or committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Subash K K
- Party Age
- 53
- Relation
- S/o late P K Krishnankutty
- Party Role
- Defendant
- Party Name
- Raman Kutty K K
- Party Age
- 75
- Relation
- S/o late Kumaran
- Party Role
- Defendant
- Party Name
- Goutham @ Satheesan
- Relation
- S/o Raman Kutty K K
- Party Role
- Defendant
- Party Name
- Sudhi K R
- Relation
- S/o Raman Kutty K K
- Party Role
- Defendant
- Party Name
- Sumathy
- Relation
- W/o Raman Kutty K K
Plaintiffs Documents
Certified copy of Gift deed No. 1484/1989 of SRO Kottayam, Tax Receipt issued from Village Office Aymanam, Certified copy of sale deed No. 2965/1967 of SRO Kottayam, Tax Receipt issued from Village Office Aymanam.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K S Rajeev Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Biji P Chandy
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff sought a permanent prohibitory injunction to restrain the defendant from trespassing into the plaint schedule property.
Evidence:
The defendant is restrained from trespassing into the plaint schedule property and annexing to the same to his property or committing any waste therein.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Gift deed which establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued from Village Office Aymanam supporting the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed which is relevant to the plaintiff's property history.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Another tax receipt issued from Village Office Aymanam that supports the plaintiff's case.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by the court which provides evidence related to the property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by the court which aids in understanding the layout of the properties.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Subash K K vs Raman Kutty K K et al regarding permanent prohibitory injunction
Case Code Year
Case between Subash K K vs Raman Kutty K K et al regarding permanent prohibitory injunction