Case Summary
The plaintiffs, Subrahmanian and Padmavathi, are seeking a permanent prohibitory injunction against the defendants, Visalakshi and Vinod Kumar, who attempted to trespass into their property. The plaintiffs assert exclusive possession and ownership of the property in question.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and costs of the proceedings.
Case Type
Civil Suit
Final Judgment
No
The court granted a decree for permanent prohibitory injunction against the defendants, restraining them from encroaching on the plaintiffs’ property. The defendants were also ordered to pay costs to the plaintiffs.
Why Plaintiff Won:
The plaintiffs proved their exclusive possession and ownership of the property based on unchallenged testimony and supporting documents.
The plaintiffs proved their exclusive possession and ownership of the property based on unchallenged testimony and supporting documents.
Losing Side's Weaknesses:
The plaintiffs proved their exclusive possession and ownership of the property based on unchallenged testimony and supporting documents.
The plaintiffs proved their exclusive possession and ownership of the property based on unchallenged testimony and supporting documents.
Supporting Evidence
The possession of the plaintiff over the plaint schedule property is proved by the unchallenged oral testimony of the PW1 and exhibit A1 to A4 document. The evidence of the PW1 would also prove the apprehension of the plaintiffs.
Judgment Evidence:
In the result, 1.The defendants, their men and agents are restrained by way of decree for permanent prohibitory injunction from encroaching upon the plaint schedule property. 2. The defendants are also directed to pay costs of the proceedings to the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Subrahmanian
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Padmavathi
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Visalakshi
- Party Age
- 73
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vinod Kumar
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Deed No. 2661/1980, Possession certificate dated 19.10.2023, Tax receipt dated 19.12.2023, Encumbrance certificate dated 20.1.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.E.Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.P.Mayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Clint .H
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from encroaching upon the plaint schedule property.
Evidence:
The defendants, their men and agents are restrained by way of decree for permanent prohibitory injunction from encroaching upon the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay costs of the proceedings to the plaintiffs.
Evidence:
The defendants are also directed to pay costs of the proceedings to the plaintiffs.
Documents & Evidence
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the deed No 2661/1980 of SRO Chalappuram, proving plaintiffs' ownership.
Reference:
Ext.A1
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the possession certificate dated 19.10.2023 supporting the plaintiffs' claim of possession.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A3 is the tax receipt dated 19.12.2023 which demonstrates the plaintiffs' legitimate claims to the property.
Reference:
Ext.A3
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Exhibit A4 is the encumbrance certificate dated 20.1.2023 confirming the absence of disputes on the title.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Exhibit C1 series consists of the report and plan of the advocate commissioner related to the property, although not considered in evidence.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Subrahmanian et al vs Visalakshi et al regarding permanent prohibitory injunction.
Case Code Year
Case between Subrahmanian et al vs Visalakshi et al regarding permanent prohibitory injunction.