Case Summary
The plaintiffs, led by Chellamma, filed a case against the defendants, including Indira, seeking a permanent prohibitory injunction to prevent them from encroaching on the plaint schedule property which has been in the family's possession. The case revolves around claims of property rights and past ownership disputes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiff restraining the first defendant from encroaching into plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs, granting a permanent prohibitory injunction against the first defendant, Indira, preventing her from interfering with the plaintiffs' possession of the property.
Why Plaintiff Won:
The plaintiff established possession over the plaint schedule property.
The plaintiff established possession over the plaint schedule property.
Losing Side's Weaknesses:
The plaintiff established possession over the plaint schedule property.
The plaintiff established possession over the plaint schedule property.
Supporting Evidence
This court concluded that plaintiff has established possession over plaint schedule property, thus entitling her to a decree of permanent prohibitory injunction.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. A permanent prohibitory injunction is granted in favour of the plaintiff and the first defendant is restrained from encroaching into plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chellamma
- Party Age
- 75
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Geetha
- Party Age
- 40
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Vasantha
- Party Age
- 57
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Madhu
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Indira
- Party Age
- 62
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Saraswathy
- Party Age
- 70
- Party Role
- Defendant
- Party Name
- Gopala Krishnan
- Party Age
- 82
- Relation
- S/o
Plaintiffs Documents
Power of Attorney, Certified copy of Kudikidappu certificate from the Land Tribunal, Thiruvananthapuram, dated 24/01/2005
Defendants Documents
Certified copy of Chitt Otty sale deed No. 612/1961, Certified copy of sale deed No. 1974/1999 dated 03/05/1999, Tax receipt No. KL 01061203878/2024 of Village Office, Varkala, dated 16/04/2024, Certified copy of memorandum of appeal before the Hon’ble appellate authority AA No. 54/2005, dated 28/05/2005
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Jayakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Biju. K. R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiff requested a permanent prohibitory injunction restraining the defendants from encroaching upon the plaint schedule property.
Evidence:
the court is having no hesitation to conclude that plaintiff has established possession over plaint schedule property. So she is entitled to get a decree of permanent prohibitory injunction restraining the first defendant from interfering the peaceful possession and enjoyment of plaint schedule property by the plaintiff.
Relief Type:
Other
Outcome:
Not Decided
Description:
Costs were to be considered based on the circumstances of the suit.
Evidence:
both parties are directed to suffer their respective costs.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document indicates the appointment of Geetha as the Power of Attorney holder for the plaintiffs.
Reference:
Ext.A1
Document Type:
Certified copy of Kudikidappu certificate from the Land Tribunal
Submitted By:
Plaintiff
Relevance:
This certificate establishes the plaintiffs' claims regarding the kudikidappu right over the property.
Reference:
Ext.A2
Document Type:
Certified copy of Chitt Otty sale deed
Submitted By:
Defendant
Relevance:
This deed is referenced to support the defendants' ownership claims over the disputed property.
Reference:
Ext.B1
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
This document supports the defendants' claims regarding their rights over the property.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
This tax receipt is cited to support the defendants' ownership of the property.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
This tax receipt is referenced by the defendants in support of their claims.
Reference:
Ext.B3(a)
Document Type:
Certified copy of memorandum of appeal
Submitted By:
Defendant
Relevance:
This memorandum pertains to the defendants' appeal and is referenced in the judgment.
Reference:
Ext.B4
Document Type:
Certified copy of I. A.
Submitted By:
Defendant
Relevance:
This document is mentioned in relation to the defendants’ appeal.
Reference:
Ext.B5
Document Type:
Copy of Thandaper Register
Submitted By:
Defendant
Relevance:
This document is referenced as evidence of property ownership by the defendants.
Reference:
Ext.B6
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
This receipt is mentioned to demonstrate the defendants’ claim over the property.
Reference:
Ext.B7
Document Type:
Proceedings of Thahasildar
Submitted By:
Defendant
Relevance:
This document is referenced to support the defendants in their claims.
Reference:
Ext.B8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report contains findings regarding the possession and is relevant to the court's decision.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch is submitted as part of the commission report to illustrate the property details.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimonies provided during the trial support the claims and assertions made by the plaintiffs.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Chellamma et al vs Indira et al regarding Permanent Prohibitory Injunction
Case Code Year
Case between Chellamma et al vs Indira et al regarding Permanent Prohibitory Injunction