Case Summary
The plaintiff, Vaikom Coir Vyavasaya Co-Opertive Society Ltd., filed a suit seeking a permanent prohibitory injunction against the defendants Santhosh P.S. and Ashokan. The defendants have allegedly trespassed and obstructed the peaceful enjoyment of the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff a permanent prohibitory injunction against the defendants, restraining them from trespassing into the plaintiff's property. The plaintiff was also awarded costs from the defendants.
Why Plaintiff Won:
The plaintiff established their ownership and the defendants' unauthorized interference with their property.
The plaintiff established their ownership and the defendants' unauthorized interference with their property.
Losing Side's Weaknesses:
The plaintiff established their ownership and the defendants' unauthorized interference with their property.
The plaintiff established their ownership and the defendants' unauthorized interference with their property.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff is entitled to get a decree permanent prohibitory injunction as prayed for.
Judgment Evidence:
The suit is decreed as follows:- Defendants and men under them or their agents are restrained by a decree of permanent prohibitory injunction from trespassing into item No.4 causing obstruction to the peaceful enjoyment of it and also to cause any obstruction to the transportation over item No.3, to do or cause to be done any damage over item No.4.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaikom Coir Vyavasaya Co-Opertive Society Ltd.
- Relation
- represented by its Secretary Thushara
- Party Role
- Defendant
- Party Name
- Santhosh P.S.
- Party Age
- 50
- Relation
- S/o Sreedharan
- Party Role
- Defendant
- Party Name
- Ashokan
- Party Age
- 55
- Relation
- S/o Sanku
Plaintiffs Documents
Certified copy of Minutes of plaintiff Society, True Copy of the letter authorising the Secretary on behalf of the plaintiff to conduct the case, Certified copy of Sale deed No.204/196 of Vaikom, Tax receipt issued by Kulasekharamangalam Village Officer.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.S.Renjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Malu Johnson
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and their agents are restrained from trespassing into item No.4 and obstructing transportation over item No.3.
Evidence:
In the result, the suit is decreed as follows:- a.Defendants and men under them or their agents are restrained by a decree of permanent prohibitory injunction from trespassing into item No.4 causing obstruction to the peaceful enjoyment of it and also to cause any obstruction to the transportation over item No.3.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to get costs from the defendants.
Evidence:
b.The plaintiff is entitled to get costs from the defendants.
Documents & Evidence
Document Type:
Certified copy of Minutes of plaintiff Society
Submitted By:
Plaintiff
Relevance:
Document showing the authorization of the Secretary to demarcate item No.4 by constructing a wall.
Reference:
Ext.A1
Document Type:
True Copy of the letter authorising the Secretary
Submitted By:
Plaintiff
Relevance:
Document showing authorization of the Secretary to conduct the case on behalf of the plaintiff.
Reference:
Ext.A2
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Document proving ownership of item No.3 and 4 property by the plaintiff society.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document issued by Kulasekharamangalam Village Officer to show proof of belonging to the plaintiff.
Reference:
Ext.A4
Document Type:
Urgent Commission report
Submitted By:
Court
Relevance:
Commission report that identified properties except item No.4.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch prepared by the commissioner in relation to the identified properties.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Right of way obstruction
Case Code
Case between Vaikom Coir Vyavasaya Co-Opertive Society Ltd. vs Santhosh P.S. et al regarding permanent prohibitory injunction.
Case Code Year
Case between Vaikom Coir Vyavasaya Co-Opertive Society Ltd. vs Santhosh P.S. et al regarding permanent prohibitory injunction.