Case Summary
The plaintiffs, a husband and wife, are seeking a permanent prohibitory injunction against the defendant, who is attempting to encroach upon their property. The plaintiffs allege unlawful actions by the defendant to damage their property boundaries.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant and his men are restrained from trespassing into the plaint schedule properties and the plaintiffs are entitled to realise the costs of the suit from the defendant.
Case Type
Injunction
Final Judgment
No
The suit was decreed in part, restraining the defendant from trespassing on the plaintiffs' property.
Why Plaintiff Won:
The plaintiffs successfully proved their case with sufficient evidence.
The plaintiffs successfully proved their case with sufficient evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing A1 to A5 and C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendant and his men are hereby restrained from trespassing into the plaint schedule properties, demolishing the boundary wall, or causing any damage thereto.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijayamma
- Party Age
- 60
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Banjamin
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vineesh Antony
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Settlement deed No.1819/1996, Land tax receipt, Sale deed No.5240/2001, Land tax receipt, Receipt of complaint
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Nazeer Kakandayam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from trespassing into the plaint schedule properties and damaging them.
Evidence:
The defendant and his men are hereby restrained from trespassing into the plaint schedule properties, demolishing the boundary wall, or causing any damage thereto.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to recover the costs of the suit from the defendant.
Evidence:
The plaintiffs are entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the first plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt verifies the payment of land taxes for the property in the name of the first plaintiff.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document confirms the ownership of the plaint B schedule property jointly owned by the plaintiffs.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt confirms the payment of land taxes for the property jointly owned by the plaintiffs.
Reference:
Ext.A4
Document Type:
Receipt of Complaint
Submitted By:
Plaintiff
Relevance:
This receipt indicates that the plaintiffs filed a complaint regarding the defendant's unlawful actions.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report contains findings related to the damages caused by the defendant.
Reference:
Ext.C1
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Vijayamma et al vs Vineesh Antony regarding Inunction
Case Code Year
Case between Vijayamma et al vs Vineesh Antony regarding Inunction