Case Summary
The plaintiff, Thampi, filed a suit against the defendants, including Balan and Johnson, seeking a permanent prohibitory injunction to prevent them from demolishing property boundaries that obstruct access to his property. The defendants claimed no such intentions but were found to have obstructed the plaintiff's access.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are permanently restrained from trespassing into the plaint schedule properties and causing obstructions to the ingress and egress.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from demolishing property boundaries and obstructing access to the plaintiff’s property.
Why Plaintiff Won:
The plaintiff proved his exclusive possession of the properties and the apprehension regarding the defendants' actions was corroborated by evidence.
The plaintiff proved his exclusive possession of the properties and the apprehension regarding the defendants' actions was corroborated by evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The cause of action alleged in the plaint stands proved through the deposition of PW1 and also from Ext. A1 to A6 documents. It is clear that the plaintiff has exclusive possession over the plaint schedule properties.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. The defendants and their men are permanently restrained from trespassing into the plaint schedule properties, from demolishing the southern gate pillar and western boundary wall of the plaint schedule properties, illegally making use of any portion of plaint schedule properties for widening the lane leading to the defendants’ property and also restrained the defendants from parking the vehicles by the side of the private road leading to the plaint schedule properties so as to cause obstructions to the ingress and egress to the plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thampi
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Balan
- Party Age
- 50
- Party Role
- Defendant
- Party Name
- Johnson
- Party Age
- 45
- Party Role
- Defendant
- Party Name
- Saraswathi
- Party Age
- 68
- Party Role
- Defendant
- Party Name
- Puthen Veedu Sree Bhadrakali Devi Kshethram
- Relation
- Represented by
Plaintiffs Documents
Certified copy of Sale Deed No. 222/97, Certified copy Sale Deed No. 3347/98, Certified copy of Sale Deed No. 2683/1999, Land Tax Receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.N.Dilardeep
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.Ushar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing and demolishing property.
Evidence:
The plaintiff is entitled to get a decree of permanent prohibitory injunction as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 222/97 of SRO, Eravipuram.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy Sale Deed No. 3347/98 of the SRO, Eravipuram.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2683/1999 of the SRO, Eravipuram.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt issued from Mundakkal Village.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt issued from Mundakkal Village.
Reference:
Ext.A5
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs related to the plaint schedule properties.
Reference:
Ext.A6 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and related documents prepared and submitted by Advocate Commissioner Pranaviya.L.
Reference:
Ext.C1 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and related documents prepared and submitted by Advocate Commissioner Pranaviya.L.
Reference:
Ext.C2 series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Trespassing
Case Code
Case between Thampi vs Balan et al regarding Partition and Permanent Prohibitory Injunction
Case Code Year
Case between Thampi vs Balan et al regarding Partition and Permanent Prohibitory Injunction