Case Summary
The plaintiff, Yesudasan, filed a suit for a permanent prohibitory injunction against the defendants Jincy, Binu, and an unnamed older defendant. The case arose from disputes over a pathway used by both parties and previous incidents of trespassing and threats by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from trespassing into the plaint schedule property, altering its boundaries, or causing damage.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in part, restraining the defendants from trespassing into the plaintiff's property and obstructing his peaceful enjoyment of it.
Why Plaintiff Won:
The plaintiffs succeeded in proving their case with substantial evidence.
The plaintiffs succeeded in proving their case with substantial evidence.
Losing Side's Weaknesses:
The plaintiffs succeeded in proving their case with substantial evidence.
The plaintiffs succeeded in proving their case with substantial evidence.
Supporting Evidence
Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiffs. Hence, the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, this suit is decreed in part as follows:- (i) Defendants 1 to 3 and their men are hereby restrained from trespassing into the plaint schedule property, altering its boundaries, or causing any damage to the shed situated therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Yesudasan
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jincy
- Party Age
- 30
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Binu
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Yesudasan
- Party Age
- 65
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No.777/21, Copy of Land tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V Vrajmohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff entitled to restrain defendants from trespassing and obstructing the property.
Evidence:
Defendants 1 to 3 and their men are hereby restrained from trespassing into the plaint schedule property, altering its boundaries, or causing any damage to the shed situated therein.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff entitled to prohibitory injunction for peaceful enjoyment of property.
Evidence:
Defendants 1 to 3 and their men are hereby restrained from causing any obstruction to the plaintiff for the peaceful enjoyment of the plaint schedule property and the shed therein.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit to be recovered from the defendants.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 777/2021 dated 10/03/2021, proving the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipt dated 12/08/2021, supporting the plaintiff's claim regarding the property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Yesudasan vs Jincy et al regarding permanent prohibitory injunction.
Case Code Year
Case between Yesudasan vs Jincy et al regarding permanent prohibitory injunction.