Case Summary
The plaintiffs, Suresh Kumar.S. and Bindu Lekha, are seeking a permanent prohibitory injunction against the defendants, Narayana Pillai and Madhusudhanan Pillai, to prevent them from interfering with the construction of boundary walls on their property. The plaintiffs assert that they are the rightful owners of the property and have faced disturbances from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from interfering with the boundary wall construction.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendants. The defendants were restrained from trespassing and interfering with the construction of boundary walls on the plaintiffs' property.
Why Plaintiff Won:
The plaintiffs provided sufficient evidence to prove their ownership and the defendants' lack of rights over the property.
The plaintiffs provided sufficient evidence to prove their ownership and the defendants' lack of rights over the property.
Losing Side's Weaknesses:
The plaintiffs provided sufficient evidence to prove their ownership and the defendants' lack of rights over the property.
The plaintiffs provided sufficient evidence to prove their ownership and the defendants' lack of rights over the property.
Supporting Evidence
Ext. A1, Sale deed No. 2573/2009 dated 02/12/2009, Ext. A2 Tax receipts shows that the plaintiffs are the absolute owner in possession of plaint schedule property and they are remitting land tax for the same.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from preventing the construction of boundary walls at the south-western boundaries of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh Kumar.S.
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Bindu Lekha
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Narayana Pillai
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Madhusudhanan Pillai
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No. 2573/09 of Kollam S.R.O., Land Tax Receipt issued from Kollam East Village.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Chirakkarathazham S.Suresh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jermina.J
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sibilal.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. T.R.Vinod
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs are granted a permanent prohibitory injunction restraining the defendants from various disturbances related to the plaint schedule property.
Evidence:
The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from preventing the construction of boundary walls at the south-western boundaries of the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs are entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiffs are also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiffs are the absolute owner in possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiffs are remitting land tax for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Prepared by the Advocate Commissioner confirming the boundaries of the plaint schedule property.
Reference:
Ext.C1 series
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Suresh Kumar.S. vs Narayana Pillai et al regarding Permanent Prohibitory Injunction
Case Code Year
Case between Suresh Kumar.S. vs Narayana Pillai et al regarding Permanent Prohibitory Injunction