Case Summary
The case involves Vijayasree, the plaintiff, who seeks an injunction against her brother-in-law Thyagarajan, the defendant. The plaintiff alleges that the defendant has been harassing and threatening her and her family regarding their residence on a property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from trespassing into the plaint schedule property and causing any disturbance.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a permanent injunction against the defendant.
Why Plaintiff Won:
The evidence presented clearly established the plaintiff's entitlement to relief.
The evidence presented clearly established the plaintiff's entitlement to relief.
Losing Side's Weaknesses:
The evidence presented clearly established the plaintiff's entitlement to relief.
The evidence presented clearly established the plaintiff's entitlement to relief.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed with costs as follows:- The defendants or anybody under them are restrained by an order of permanent prohibitory injunction from trespassing into the plaint schedule property and house situated therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijayasree
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thyagarajan
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Certified copy of sale deed No.258/2015, Land Tax Receipt No.KL 05051104830/2023, Receipt of the complaint filed against the defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.P.Muraleedharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sindhumol.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aromal.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishna Gopal
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajani.T.A
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant restrained from trespassing into the plaint schedule property.
Evidence:
The defendants or anybody under them are restrained by an order of permanent prohibitory injunction from trespassing into the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed proving plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original tax receipt indicating payment related to the property.
Reference:
Ext.A2
Document Type:
Complaint receipt
Submitted By:
Plaintiff
Relevance:
Receipt of the complaint filed by the plaintiff against the defendant.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Urgent commission report providing evidence regarding the plaint schedule property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by the Commissioner attached with the commission report.
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
Criminal intimidation
Case Code
Case between Vijayasree vs Thyagarajan regarding injunction
Case Code Year
Case between Vijayasree vs Thyagarajan regarding injunction