Case Summary
The plaintiff, Surya Vijayan, is a licensee of a commercial building and has sought a permanent injunction against the defendants to prevent them from entering the premises and causing disturbances. The case involves allegations of harassment and damage to property by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent Prohibitory Injunction
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the plaintiff's case established through unrebutted evidence and testimony.
The court found the plaintiff's case established through unrebutted evidence and testimony.
Judgment Evidence:
In the result, suit is decreed as follows. 1. A decree of Permanent Prohibitory Injunction is hereby passed restraining the defendants and their agents from forcibly entering from the Plaint Schedule Building and further from causing any inconveniences for her peaceful occupation and conducting of business therein.
Parties Involved
Plaintiffs
Surya Vijayan (34 years years)
Kakkanattu House, Kalavath Road, Palarivattom, Ernakulam-682025
Defendants
Raji (Age not specified years)
Flat number -Al, Alba crest, Friends Lane, Moolepadam road, Chembumuku, Edapally, Ernakulam: 682030
Firoz Khan (40 years years)
Karulai, Palengara. P.O. Malapuram:679330, now residing at Flat number-A1, Alba crest, Friends Lane, Moolepadem road, Chembumuku, Edapally, Ernakulam:682030
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of Permanent Prohibitory Injunction is passed restraining the defendants and their agents from forcibly entering from the Plaint Schedule Building and further from causing any inconveniences for her peaceful occupation and conducting of business therein.
Evidence:
In the result, suit is decreed as follows. A decree of Permanent Prohibitory Injunction is hereby passed restraining the defendants and their agents from forcibly entering from the Plaint Schedule Building and further from causing any inconveniences for her peaceful occupation and conducting of business therein.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of Permanent Prohibitory Injunction is passed restraining the defendants and their agents from making any further damages in Plaint Schedule Building.
Evidence:
A decree of Permanent Prohibitory Injunction is hereby passed restraining the defendants and their agents from making any further damages in Plaint Schedule Building.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Deed of license
Submitted By:
Plaintiff
Relevance:
Copy of the deed of license agreement executed between the landlord and the plaintiff dated 06.10.2022 but not admitted into evidence.
Reference:
Ext.A1
Document Type:
License
Submitted By:
Plaintiff
Relevance:
Original license issued from Thrikkakara Municipality to plaintiff dated 19.09.2023.
Reference:
Ext.A2
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Original of acknowledgment receipt issued from City Police Office dated 08.05.2023.
Reference:
Ext.A3
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Original of acknowledgment receipt issued from City Police Office dated 12.05.2023.
Reference:
Ext.A4