Case Summary
The plaintiffs, Suresh Babu and Prasadini, are the owners of a property and are seeking to prevent the defendants from encroaching on their land and obstructing construction. The defendants are contesting the claims made by the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from trespassing into the plaint A schedule property and causing obstruction to the construction of the boundary wall.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiffs, granting them the relief sought.
Why Plaintiff Won:
The plaintiffs established their case as the defendants failed to contest the claims effectively due to withdrawal of contentions.
The plaintiffs established their case as the defendants failed to contest the claims effectively due to withdrawal of contentions.
Losing Side's Weaknesses:
The plaintiffs established their case as the defendants failed to contest the claims effectively due to withdrawal of contentions.
The plaintiffs established their case as the defendants failed to contest the claims effectively due to withdrawal of contentions.
Supporting Evidence
The withdrawal of contentions in the written statement would amount to the admission of the claim put forward by the plaintiffs. Hence the case of the plaintiff stands proved.
Judgment Evidence:
In the result, Suit is decreed as follows: The defendants and the men claiming under them are restrained from trespassing into the plaint A schedule property, from widening the plaint B schedule property by annexing any portion of the plaint A schedule property, from committing any waste or mischief in the plaint schedule property and from causing obstruction to the construction of the northern boundary wall as per the permit given by the Kottayam Municipality.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh Babu
- Party Age
- 67
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Prasadini
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vinod
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Viswambharan
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sindhu
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Copy of sale deed no. 4022/1994, Tax receipt, Site Approval and compound wall permit, Letter from Block Development Officer, Pallom, Copy of complaint of Superintendent of Police, Kottayam, Receipt from District Police Chief, Kottayam
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K Karjet
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nikhildev N
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Relief requested to restrain the defendants from trespassing and widening the plaint B schedule property.
Evidence:
The defendants and the men claiming under them are restrained from trespassing into the plaint A schedule property, from widening the plaint B schedule property.
Documents & Evidence
Document Type:
Copy of sale deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiffs' claim related to the property.
Reference:
Ext.A2
Document Type:
Site Approval and compound wall permit
Submitted By:
Plaintiff
Relevance:
Legitimizes the construction of the boundary wall on the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Letter from Block Development Officer
Submitted By:
Plaintiff
Relevance:
Provides official communication regarding the plaint A schedule property.
Reference:
Ext.A4
Document Type:
Copy of complaint
Submitted By:
Plaintiff
Relevance:
Documents an official complaint regarding the defendants' actions.
Reference:
Ext.A5
Document Type:
Receipt from District Police Chief
Submitted By:
Plaintiff
Relevance:
Indicates police acknowledgment related to the complaint by the plaintiffs.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Suresh Babu et al vs Vinod et al regarding permanent prohibitory injunction
Case Code Year
Case between Suresh Babu et al vs Vinod et al regarding permanent prohibitory injunction