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O.S. No. 905/2021

Case between Sunil.P.B vs Ajith Kumar et al regarding permanent prohibitory injunction

Court
II Additional Munsiff, Ernakulam
Judge
Smt. Needi K. Dinamany
Order Date
2024-05-31
Duration
approximately-2 years 7 months

Judgement document from eCourt website

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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

Plaintiff Won
Interim Order
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.
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
Why Plaintiff Won:
Plaintiff established his case with unchallenged evidence.

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

Plaintiffs

Sunil.P.B (53 years) Puthukulathil House, Edakkattuvayal.P.O, Ernakulam – 682 313

Defendants

Ajith Kumar (30 years) Konathattu House, Arakkunnam, Edakkattuvayal, Ernakulam – 682 313 Soorya Mol (26 years) Konathattu House, Arakkunnam, Edakkattuvayal, Ernakulam – 682 313 Ramesan (56 years) Konathattu House, Arakkunnam, Edakkattuvayal, Ernakulam – 682 313 Valsala Ramesan (54 years) Konathattu House, Arakkunnam, Edakkattuvayal, Ernakulam – 682 313 Rani Suresh (55 years) Chukkurumbel House, Ayyappankovil, Mattukotta, Idukki

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)

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
100%

Involved Entities

Private Individual

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