Case Summary
The case involves T.P. Somasundaran and the defendants C.K. Mathew and Omana Mathew regarding a dispute over an advertising board. The plaintiff seeks a permanent injunction to prevent the defendants from dismantling the advertising board.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established his case through undisputed evidence.
The plaintiff established his case through undisputed evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: Defendants are restrained by a permanent prohibitory injunction from demolishing or dismantling the portion of plaint B schedule board in plaint A schedule property existing as per Ext.C1.
Parties Involved
Plaintiffs
T.P. Somasundaran (71 years years)
Thundiyil House, Cheriai.P.O., Cherai Desom, Cochi Taluk, Ernakulam District
Defendants
C.K. Mathew (65 years years)
Chakkiyath Veettil, Cheranellore P.O., Cheranellore Desom, Cheranellore Village, Kanayannur Taluk
Omana Mathew (60 years years)
Chakkiyath Veettil, Cheranellore P.O., Cheranellore Desom, Cheranellore Village, Kanayannur Taluk
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from demolishing or dismantling the portion of plaint B schedule board in plaint A schedule property.
Evidence:
In the result, the suit is decreed as follows: Defendants are restrained by a permanent prohibitory injunction from demolishing or dismantling the portion of plaint B schedule board in plaint A schedule property existing as per Ext.C1.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to plaintiff.
Evidence:
In the result, the suit is decreed as follows: Defendants are directed to pay costs of the suit to plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Ext.C1 shall form part of decree.
Evidence:
In the result, the suit is decreed as follows: Ext.C1 shall form part of decree.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Copy of agreement dated 20.01.2018 between parties for installing advertisement board for three years for annual rent of Rs.75,000/-.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement dated 01.09.2021 extending the term of agreement for four months.
Reference:
Ext.A2
Document Type:
Site Agreement Form
Submitted By:
Plaintiff
Relevance:
Board site agreement form executed between plaintiff and 1st defendant.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report identifying partial structure of plaint B schedule board and frames lying adjacent to the pillars therein.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch fortifying the existence of the structure reported in Ext.C1.
Reference:
Ext.C1(a)