Case Summary
This case involves the plaintiffs, the heirs of Appu. T, who are seeking a permanent prohibitory injunction against the defendant, P. V. Sreeja. The plaintiffs claim ownership of a property and seek to prevent the defendant from interfering with their possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant and his men are restrained by a prohibitory injunction from obstructing the peaceful possession of the plaint schedule property by the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendant from interfering with their possession of the property.
Why Plaintiff Won:
The plaintiffs established their exclusive possession and entitlement to the property through oral and documentary evidence.
The plaintiffs established their exclusive possession and entitlement to the property through oral and documentary evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The documents produced before the court shows that the plaintiffs are in the possession of plaint A schedule property. The oral and documentary evidence, plaintiff could establish that the apprehension put forth by him is sound.
Judgment Evidence:
In the result, The suit is decreed as follows: 1.The defendant and his men are restrained by a prohibitory injunction from obstructing the peaceful possession of the plaint schedule property by the plaintiffs or dispossessing the plaintiffs from any part of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Appu. T
- Party Age
- 78
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Nirmala T
- Party Age
- 68
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sushamadharmambika
- Party Age
- 45
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Jyothi Basu. T
- Party Age
- 41
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Indhulekha. T
- Party Age
- 39
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- P. V. Sreeja
- Party Age
- 52
- Relation
- D/o
Plaintiffs Documents
Certified copy of deed no. 819/1971 of SRO Chalappuram, Photocopy of possession certificate issued by V.O Panniyankara.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. P. Narayanan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Saju Philip
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and his men are restrained from obstructing the peaceful possession of the plaint schedule property by the plaintiffs.
Evidence:
The suit is decreed as follows: The defendant and his men are restrained by a prohibitory injunction from obstructing the peaceful possession of the plaint schedule property by the plaintiffs or dispossessing the plaintiffs from any part of the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant is directed to pay the costs of the suit to the plaintiff.
Evidence:
The defendant is directed to pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership of the plaintiff over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Photocopy of certificate issued by land tribunal
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim regarding land ownership certified by the tribunal.
Reference:
Ext.A2
Document Type:
Photocopy of possession certificate
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the plaintiff's possession of the property.
Reference:
Ext.A3
Document Type:
Photocopy of land tax receipt
Submitted By:
Plaintiff
Relevance:
This document indicates the plaintiff's responsibility for the land taxes, reinforcing their claim to the property.
Reference:
Ext.A4
Document Type:
Photocopy of order passed by land tribunal
Submitted By:
Plaintiff
Relevance:
This document outlines the tribunal's decisions relevant to the plaintiff's rights over the property.
Reference:
Ext.A5
Document Type:
Certified copy of appeal filed
Submitted By:
Plaintiff
Relevance:
This document demonstrates the ongoing legal proceedings related to the plaint schedule property.
Reference:
Ext.A6
Document Type:
Certified copy of joint statement
Submitted By:
Plaintiff
Relevance:
This document refers to prior legal agreements pertinent to the property in question.
Reference:
Ext.A7
Document Type:
Certified copy of sketch
Submitted By:
Plaintiff
Relevance:
This document provides a visual representation essential for understanding the property layout.
Reference:
Ext.A7(a)
Document Type:
Certified copy of order passed by Honorable High Court
Submitted By:
Plaintiff
Relevance:
This document details higher court rulings affecting the plaint schedule property.
Reference:
Ext.A8
Document Type:
Land Tax receipts
Submitted By:
Plaintiff
Relevance:
These documents support the financial records related to the property.
Reference:
Ext.A9
Document Type:
Certified copy of Commission Report
Submitted By:
Plaintiff
Relevance:
This document provides findings from a commission appointed concerning the property.
Reference:
Ext.A10
Document Type:
Certified copy of plan submitted along with commission report
Submitted By:
Plaintiff
Relevance:
This document includes detailed plans that clarify aspects of the property in dispute.
Reference:
Ext.A10(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Appu. T et al vs P. V. Sreeja regarding permanent prohibitory injunction
Case Code Year
Case between Appu. T et al vs P. V. Sreeja regarding permanent prohibitory injunction