Case Summary
The plaintiffs, Ammini. P.S. and others, seek a permanent prohibitory injunction against the defendants, Usha Ravindran and others, who have allegedly occupied their property without legal rights. The court examined the evidence presented by the plaintiffs regarding their ownership of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of mandatory injunction directing the defendants to vacate the building; a decree of permanent prohibitory injunction to restrain the defendants from causing damage or altering the property.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs, granting them a mandatory injunction to vacate the property. The court also imposed a permanent prohibitory injunction against the defendants regarding the property.
Why Plaintiff Won:
The plaintiffs presented unrebutted evidence establishing their ownership and right to the property.
The plaintiffs presented unrebutted evidence establishing their ownership and right to the property.
Losing Side's Weaknesses:
The plaintiffs presented unrebutted evidence establishing their ownership and right to the property.
The plaintiffs presented unrebutted evidence establishing their ownership and right to the property.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1, A3, A5 established her case as pleaded by her.
Judgment Evidence:
In the result, suit is decreed as follows. A decree of mandatory injunction is passed directing the defendants to vacate the building situated in the plaint schedule property within 30 days from the date of this judgment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ammini. P.S.
- Party Age
- 68
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Bharathi
- Party Age
- 60
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sumeera Subramanian
- Party Age
- 35
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Rajan
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Minor Abhil Krishna
- Party Age
- 14
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Usha Ravindran
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vinaya. P. Naik
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Navaneeth P. Naik
- Party Age
- 22
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No.4448/1991, Original heirship certificate of Devayani, Original reconveyance bearing No.1931/2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajagopalan A. R.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shyam V.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Joseph Marydas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to vacate the building situate in the plaint schedule property within 30 days from the date of this judgment.
Evidence:
A decree of mandatory injunction is passed directing the defendants to vacate the building situated in the plaint schedule property within 30 days from the date of this judgment.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants, their men and agents from inducting strangers into the plaint schedule building or from causing damage.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants, their men and agents from inducting strangers into the plaint schedule building or from causing damage to the plaint schedule building.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 4448/1991 of SRO, Ernakulam.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Copy of death certificate of Devayani dated 31.07.2001, marked subject to proof, rejected.
Reference:
Ext.A2
Document Type:
Heirship Certificate
Submitted By:
Plaintiff
Relevance:
Original heirship certificate of Devayani dated 07.12.2001, issued by Tahasildar, Thrissur Taluk.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Copy of death certificate of Subramanian dated 01.04.2004, marked subject to proof, rejected.
Reference:
Ext.A4
Document Type:
Reconveyance Deed
Submitted By:
Plaintiff
Relevance:
Original reconveyance bearing No. 1931/2018 of SRO, Ernakulam.
Reference:
Ext.A5
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Oral testimony from the plaintiff was crucial in establishing the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Ammini. P.S. et al vs Usha Ravindran et al regarding Permanent prohibitory injunction and other reliefs.
Case Code Year
Case between Ammini. P.S. et al vs Usha Ravindran et al regarding Permanent prohibitory injunction and other reliefs.