Case Summary
Sunil.P.B, the plaintiff, filed a suit against Ajith Kumar and others for a permanent prohibitory injunction after his chickens died allegedly due to substandard poultry feed purchased from the first defendant. The plaintiff also claimed that the defendants had trespassed onto his property and threatened him and his wife.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from trespassing into the plaint schedule property and doing any act detrimental to the life and safety of the plaintiff and his family members.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, restraining the defendants from trespassing into the plaint schedule property and directing them to pay costs of the suit to the plaintiff.
Why Plaintiff Won:
Plaintiff established his case with unchallenged evidence.
Plaintiff established his case with unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff established his case with unchallenged evidence.
Plaintiff established his case with unchallenged evidence.
Supporting Evidence
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. 1)Defendants are restrained by a permanent prohibitory injunction from trespassing into plaint schedule property and doing any act detrimental to the life and safety of the plaintiff and his family members.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil.P.B
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ajith Kumar
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Soorya Mol
- Party Age
- 26
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ramesan
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Valsala Ramesan
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rani Suresh
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Land Tax receipt No.KL07020706925/21, Copy of FIR No.1110/2021, Copy of final report in FIR No.1110/21 in CC 415/2021, Certified copy of settlement deed No.2380/06
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Santhosh.G.Prabhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy.A
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepa.N.U
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Viswanath Salish
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into the plaint schedule property and acting detrimental to the plaintiff's safety.
Evidence:
Therefore the plaintiff is entitled to get a decree as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to plaintiff.
Evidence:
Considering the facts and circumstances of the case, plaintiff is entitled to get the costs of the proceedings.
Documents & Evidence
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Copy of FIR
Submitted By:
Plaintiff
Relevance:
Document supporting the plaintiff's claim of trespass and assault.
Reference:
Ext.A2
Document Type:
Copy of Final Report
Submitted By:
Plaintiff
Relevance:
Serves as evidence related to the prior complaint by the plaintiff's wife.
Reference:
Ext.A3
Document Type:
Certified Copy of Title Deed
Submitted By:
Plaintiff
Relevance:
Establishes plaintiff's ownership of the property.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides a detailed account of the physical state and boundaries of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Accompanies the commission report to illustrate the property layout.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Trespass
Case Code
Case between Sunil.P.B vs Ajith Kumar et al regarding permanent prohibitory injunction
Case Code Year
Case between Sunil.P.B vs Ajith Kumar et al regarding permanent prohibitory injunction