Case Summary
Vilasini filed a suit against Manilal and others for a permanent prohibitory injunction to prevent them from encroaching on her property. The defendants allegedly attempted to encroach on the plaint schedule properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from encroaching on the plaint schedule properties.
Why Plaintiff Won:
The plaintiff established that she is the absolute owner in possession of the plaint schedule properties.
The plaintiff established that she is the absolute owner in possession of the plaint schedule properties.
Losing Side's Weaknesses:
The plaintiff established that she is the absolute owner in possession of the plaint schedule properties.
The plaintiff established that she is the absolute owner in possession of the plaint schedule properties.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff, the plaintiff has established that she is the absolute owner in possession of plaint schedule properties.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from encroaching into the plaint schedule properties and committing any kind of act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vilasini
- Party Age
- 65
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Manilal
- Party Age
- 63
- Relation
- H/o
- Party Role
- Defendant
- Party Name
- Santha
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Babu
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Certified copy of Settlement Deed No.1440/1996, Certified copy of Settlement Deed No.1629/1998, Land Tax Receipt No.KL01060206207/2022, Land Tax Receipt No.KL01060206208/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Suresh Kumar P.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted in favour of the plaintiff.
Evidence:
In the result, the suit is decreed as follows: A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from encroaching into the plaint schedule properties and committing any kind of act of waste therein.
Relief Type:
Other
Outcome:
Not Decided
Description:
No order as to costs.
Evidence:
No order as to costs.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No. 1440/1996 dated 17.04.1996 of S.R.O, Varkala.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed no. 1629/1998 dated 30.04.1998 of S.R.O, Varkala.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt dated 20.05.2022 of Chemmaruthy Village Office.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land Tax Receipt dated 20.05.2022 of Chemmaruthy Village Office.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report prepared by Advocate Commissioner Sri. Ajin N.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch prepared by Advocate Commissioner Sri. Ajin N.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Vilasini vs Manilal et al regarding permanent prohibitory injunction.
Case Code Year
Case between Vilasini vs Manilal et al regarding permanent prohibitory injunction.