Case Summary
The case involves B.Prasanth, who is seeking a permanent prohibitory injunction against the defendant, Thankamani, for evicting him from a shop room. The plaintiff claims that the defendant failed to execute a sale deed after accepting payment for the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from evicting the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant regarding the eviction from the shop room.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence proving his case.
The plaintiff provided unchallenged evidence proving his case.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence proving his case.
The plaintiff provided unchallenged evidence proving 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 and her agents are restrained by a decree of permanent prohibitory injunction from evicting the plaintiff from the shop room in any manner other than legal means through the intervention of the court of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B.Prasanth
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thankamani
- Party Age
- 64
- Relation
- D/o
Plaintiffs Documents
Original of Mortgage Advance Agreement, Original of mortgage deed, Sale agreement, Copy of compliant lodged before SHO, Copy of electricity bill, Copy of legal notice, Copy of postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A.G Syam Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Rekha B
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Athira Vijayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought a permanent prohibitory injunction against eviction.
Evidence:
Plaintiff’s unchallenged evidence proves his case and he is entitled to a decree of permanent prohibitory injunction as sought for.
Documents & Evidence
Document Type:
Mortgage Advance Agreement
Submitted By:
Plaintiff
Relevance:
Original of mortgage advance agreement dated 07.07.2016.
Reference:
Ext.A1
Document Type:
Mortgage Deed
Submitted By:
Plaintiff
Relevance:
Original of mortgage deed dated 10.08.2016.
Reference:
Ext.A2
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Sale agreement dated 08.11.2017.
Reference:
Ext.A3
Document Type:
Compliant Lodged
Submitted By:
Plaintiff
Relevance:
Copy of compliant lodged before SHO, Fort Police Station dated 09.08.2022.
Reference:
Ext.A4
Document Type:
Electricity Bill
Submitted By:
Plaintiff
Relevance:
Copy of electricity bill.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice dated 11.06.2019.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Copy of postal receipt dated 11.06.2019.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between B.Prasanth vs Thankamani regarding realization of permanent prohibitory injunction.
Case Code Year
Case between B.Prasanth vs Thankamani regarding realization of permanent prohibitory injunction.