Case Summary
Valsan.M is the plaintiff seeking a permanent prohibitory injunction against the defendants who include Arshanath. P, Raveendranath, and Aromal. P. The case arises from a dispute over the possession of a property where the plaintiff claims the defendants have trespassed and threatened him.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff's request for a permanent prohibitory injunction against the defendants, restraining them from trespassing into the plaint schedule property and causing any waste.
Why Plaintiff Won:
The plaintiff was in possession of the property and the defendants had no right to trespass.
The plaintiff was in possession of the property and the defendants had no right to trespass.
Losing Side's Weaknesses:
The plaintiff was in possession of the property and the defendants had no right to trespass.
The plaintiff was in possession of the property and the defendants had no right to trespass.
Supporting Evidence
The plaintiff is entitled to protect his property and his house from others who are trespassing into it. The cause of action is proved through the deposition of PW1 and commission report.
Judgment Evidence:
In the result, the suit is decreed with costs. The defendants, their men or agents are restrained from trespassing into the plaint schedule property and from committing any wastage and also from doing any act that which affects the peaceful possession of the plaintiff over the property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Valsan.M
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Arshanath. P
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Raveendranath
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aromal. P
- Party Age
- 20
- Relation
- S/o
Plaintiffs Documents
Assignment Deed No. 1555/1997, Land Tax Receipt issued by Village Office, Purameri, Photocopy of petition filed before Family Court, Vatakara, Tapal cover with postal receipt.
Defendants Documents
Certified copy of FIR in crime No. 480/2024, Certified copy of Accident Register-Cum-Wound Certificate, Taluk Hospital, Nadapuram, Certified copy of petition in OP 571/24, Certified copy of petition in MC 137/24.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Siju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. K. K. Divya
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdul Jaleel Onath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdul Latheef. V. K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Manu. M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restrained the defendants from trespassing into the plaint schedule property and causing waste.
Evidence:
The suit is decreed with costs as follows: The defendants, their men or agents are restrained from trespassing into the plaint schedule property and from committing any wastage.
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes that the plaintiff is in possession of plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further supports the plaintiff's possession of the property.
Reference:
Ext.A2
Document Type:
Divorce Petition
Submitted By:
Plaintiff
Relevance:
Shows that the elder son of the plaintiff and the first defendant were living separately.
Reference:
Ext.A3
Document Type:
Tapal Cover with Postal Receipt
Submitted By:
Plaintiff
Relevance:
Subject to objection, mentioned in context of the case.
Reference:
Ext.A4
Document Type:
Certified copy of FIR
Submitted By:
Defendant
Relevance:
Produced by the defendants.
Reference:
Ext.B1
Document Type:
Accident Register-Cum-Wound Certificate
Submitted By:
Defendant
Relevance:
Produced by the defendants.
Reference:
Ext.B2
Document Type:
Certified copy of petition in OP
Submitted By:
Defendant
Relevance:
Produced by the defendants.
Reference:
Ext.B3
Document Type:
Certified copy of petition in MC
Submitted By:
Defendant
Relevance:
Produced by the defendants.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed in the context of the suit.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Valsan.M vs Arshanath. P et al regarding permanent prohibitory injunction
Case Code Year
Case between Valsan.M vs Arshanath. P et al regarding permanent prohibitory injunction