Case Summary
A.G Shobha is the plaintiff who is the absolute owner of the property and seeks a permanent prohibitory injunction against Sreeju, the defendant, who has constructed a car shed without approval. The defendant failed to appear in court, leading to the case being heard ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant from making unauthorized constructions.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proved his case.
The plaintiff's unchallenged evidence proved his case.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence proved his case.
The plaintiff's unchallenged evidence proved his case.
Supporting Evidence
Plaintiff’s unchallenged evidence proves his case and he is entitled to a decree of permanent prohibitory injunction as sought for.
Judgment Evidence:
In the result, the suit is decreed with costs and the defendant is restrained by a decree of permanent prohibitory injunction from making any sort of unauthorized construction abutting or on the plaint B schedule compound wall obstructing the plaintiff’s peaceful possession and enjoyment of plaint A and B schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.G Shobha
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sreeju
- Party Age
- 38
Plaintiffs Documents
Copy of Sale deed No: 24/2015, Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Dileep Sathyan.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Riya Liza Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Nidhin.R.V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from making unauthorized construction.
Evidence:
the defendant is restrained by a decree of permanent prohibitory injunction from making any sort of unauthorized construction abutting or on the plaint B schedule compound wall obstructing the plaintiff’s peaceful possession and enjoyment of plaint A and B schedule properties.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates plaintiff's ongoing responsibility for the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Supports the court's findings on the property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2024