Case Summary
The plaintiff, Sureshkumar, is seeking a permanent prohibitory injunction against the defendants, who are attempting to cut a new road through his properties. The defendants did not file a written statement, leading to an ex parte decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing into the plaint schedule item no.1 and 2 properties.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from trespassing into the plaintiff's properties and cutting any new road through them.
Why Plaintiff Won:
The plaint averments, affidavit, and documents established the case of the plaintiff, with no evidence rebutting it.
The plaint averments, affidavit, and documents established the case of the plaintiff, with no evidence rebutting it.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; The defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule item no.1 and 2 properties and from cut opening a new road through the plaint schedule item no.1 and 2 properties and from committing waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sureshkumar
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Animon @ Kochumon
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajeev
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vishnu T Biju
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sabuji K Jacob
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shibu K Prabha
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Copy Sale Deed no. 1316/2023, Tax Receipt, Copy of Settlement Deed no. 2658/2004
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P V Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are restrained from trespassing into the plaint schedule item no.1 and 2 properties and from cutting open a new road through these properties.
Evidence:
the defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule item no.1 and 2 properties and from cut opening a new road through the plaint schedule item no.1 and 2 properties and from committing waste therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The plaintiff's ownership and possession of the property is established by this sale deed.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim of ownership by the plaintiff.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The settlement deed reinforces the plaintiff's claim of ownership over item no.2 property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was considered in establishing the circumstances of the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch provides a visual representation relevant to the property in dispute.
Reference:
C1(a)
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 Sureshkumar vs Animon @ Kochumon et al regarding permanent prohibitory injunction
Case Code Year
Case between Sureshkumar vs Animon @ Kochumon et al regarding permanent prohibitory injunction