Case Summary
The plaintiffs, Suprabha and Prakash, are seeking a permanent prohibitory injunction against the defendants, Tinu Prakash and Devu @ Sibi, who are the plaintiff's son and daughter-in-law. The plaintiffs allege continuous harassment and threats from the defendants regarding property ownership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants restrained from trespassing and causing obstruction to peaceful residence.
Case Type
Civil Suit
Final Judgment
No
The suit has been partially decreed in favor of the plaintiffs. The court has restrained the defendants from trespassing upon the plaintiffs' property and disturbing their peaceful possession.
Why Plaintiff Won:
Plaintiffs proved possession of the property and the allegations of harassment were not rebutted.
Plaintiffs proved possession of the property and the allegations of harassment were not rebutted.
Losing Side's Weaknesses:
Plaintiffs proved possession of the property and the allegations of harassment were not rebutted.
Plaintiffs proved possession of the property and the allegations of harassment were not rebutted.
Supporting Evidence
By producing Exts.A1 to A3 and C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiffs.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendant Nos.1 and 2 and their men are hereby restrained from trespassing upon the plaint schedule property and the building situated therein, and from causing any sort of obstruction to the peaceful residence of plaintiffs 1 and 2 in the said building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suprabha
- Party Age
- 59
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Prakash
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Tinu Prakash
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Devu @ Sibi
- Party Age
- 37
- Relation
- W/o
Plaintiffs Documents
Sale Deed No. 2096/1992, Land Tax Receipt dated 13/09/2021, Building Tax Receipt dated 20/03/2021
Defendants Documents
Commission report prepared by Adv. Ashalatha.P.S.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Bindu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Liji Pushpangathan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants from trespassing and obstructing plaintiffs' peaceful possession.
Evidence:
The defendants and their men are hereby restrained from trespassing upon the plaint schedule property and the building situated therein.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Injunction restraining defendants from inducing strangers into the building.
Evidence:
The defendants and their men are also restrained from inducting strangers into the building situated in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit to be realized from the defendants.
Evidence:
The plaintiffs are entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Evidence showing the ownership and possession of the property by the plaintiffs.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of payment of land taxes to support the plaintiffs' claim of ownership.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of payment of building taxes to affirm plaintiffs' ownership and residence.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court exhibit supporting the assessment of the property in question.
Reference:
Ext.C1
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 Suprabha et al vs Tinu Prakash et al regarding Permanent Prohibitory Injunction
Case Code Year
Case between Suprabha et al vs Tinu Prakash et al regarding Permanent Prohibitory Injunction