Case Summary
The plaintiffs, led by Thankam, are seeking a permanent prohibitory injunction against the defendants who are causing obstructions to their peaceful possession and enjoyment of the plaint schedule property. The defendants have evicted the plaintiffs and threatened them from visiting the first plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants.
Case Type
Injunction
Final Judgment
No
The court decreed the suit, permanently restraining the defendants from obstructing the plaintiffs' possession of the property and from committing any waste therein.
Why Plaintiff Won:
The plaintiffs successfully proved their apprehension of trespass by the defendants.
The plaintiffs successfully proved their apprehension of trespass by the defendants.
Losing Side's Weaknesses:
The plaintiffs successfully proved their apprehension of trespass by the defendants.
The plaintiffs successfully proved their apprehension of trespass by the defendants.
Supporting Evidence
The evidence of PW1 coupled with Ext. A1 document would prove the apprehension of the plaintiff regarding trespass into the plaint schedule property by the defendant.
Judgment Evidence:
In the result, the suit is decreed as follows: i. The defendants and their men are permanently restrained from creating any obstructions over the peaceful possession and enjoyment of 1st plaintiff in the plaint schedule property...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thankam
- Party Age
- 87
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sreekumar
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Nirmala
- Party Age
- 66
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jayasree
- Party Age
- 64
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Rajyasree
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anila
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anu
- Party Age
- 47
Plaintiffs Documents
Certified copy of Partition Deed No. 985/2006
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rajalekshmi Surendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Ajay Koivila & M.S.Nisha Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs are entitled to get the relief of permanent prohibitory injunction against the defendant as sought for.
Evidence:
The defendants and their men are permanently restrained from creating any obstructions over the peaceful possession and enjoyment of 1st plaintiff in the plaint schedule property and from creating any obstructions to 2nd to 5th plaintiff, their spouse and children from visiting the 1st plaintiff in plaint schedule property.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Copy of partition deed shows that the plaint schedule property is in the absolute possession of 1st plaintiff and she has every right to reside therein peacefully with her son.
Reference:
Ext.A1
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Thankam et al vs Anila et al regarding Injunction
Case Code Year
Case between Thankam et al vs Anila et al regarding Injunction