Case Summary
This suit is filed for permanent prohibitory injunction. The plaintiffs claim they are in joint possession of property and that the defendants have trespassed and attempted to encroach on their land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from trespassing into the plaint schedule properties and obstructing construction.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, restraining the defendants from trespassing and obstructing the plaintiffs' use of their property. The plaintiffs are also entitled to costs.
Why Plaintiff Won:
The plaintiffs succeeded in proving their case with supporting evidence.
The plaintiffs succeeded in proving their case with supporting evidence.
Losing Side's Weaknesses:
The plaintiffs succeeded in proving their case with supporting evidence.
The plaintiffs succeeded in proving their case with supporting evidence.
Supporting Evidence
By producing Exts. A1 to A4, C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendants 1 to 4 are hereby restrained from trespassing into the plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sukesini
- Party Age
- 66
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sasidharan
- Party Age
- 71
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Joyamma Baby
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mohanan
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- Komala
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Mamachan
- Party Age
- 58
- Party Role
- Defendant
- Party Name
- Binu
- Party Age
- 45
Plaintiffs Documents
Certified copy of settlement deed No.2194/1973, Settlement deed No.3429/2019, Land tax receipt dated 11/09/2020, Land tax receipt dated 15/01/2021
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ullas Kumar. U.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing and widening the C schedule pathway.
Evidence:
The defendants 1 to 4 are hereby restrained from trespassing into the plaint schedule properties, from widening the C schedule pathway by encroaching upon the plaint A and B schedule properties, from obstructing the construction of the compound wall on the southern boundary of the plaint B schedule property, and from committing any waste, destruction, cutting, or removal of trees standing in the plaint A and B schedule properties.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No. 2194/1973 dated 28/05/1973 showing ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Settlement deed No. 3429/2019 dated 30/12/2019 confirming ownership of plaint B schedule property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 11/09/2020 issued from Elampalloor Village Office for property management documentation.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 15/01/2021 issued from Elampalloor Village Office indicating property tax payments.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Advocate Commissioner Krishna Prakash relevant for assessing property access.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sukesini et al vs Mohanan et al regarding permanent prohibitory injunction
Case Code Year
Case between Sukesini et al vs Mohanan et al regarding permanent prohibitory injunction