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
The court decreed a permanent prohibitory injunction to prevent the defendants from forcibly entering the premises and causing disturbances. The plaintiff is entitled to recover costs from the defendants.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A2 to A4 established her case as pleaded by her.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Surya Vijayan
- Party Age
- 34
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Raji
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Firoz Khan
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Copy of Deed of licence marked as subject to proof, Original licence issued from Thrikkakara Municipality, Original of acknowledgment receipt issued from City Police Office
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dhanesh Kumar K.S.
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Surya Vijayan vs Raji et al regarding Permanent prohibitory injunction
Case Code Year
Case between Surya Vijayan vs Raji et al regarding Permanent prohibitory injunction
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt