Case Summary
This suit is filed by the plaintiffs against the defendants regarding the injunction for trespassing and using their property. The plaintiffs claim ownership of the property and seek to set aside a sale deed that conferred rights to the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The sale deed No. 182/2021 is set aside, a gate must be removed, and the defendants are restrained from trespassing.
Case Type
Injunction
Final Judgment
No
The suit is decreed in favor of the plaintiffs. The sale deed conferring rights to the 4th defendant has been set aside, and the 2nd defendant is directed to remove the unauthorized gate.
Why Plaintiff Won:
The plaintiffs' case stood unchallenged with no contra evidence presented.
The plaintiffs' case stood unchallenged with no contra evidence presented.
Losing Side's Weaknesses:
The plaintiffs' case stood unchallenged with no contra evidence presented.
The plaintiffs' case stood unchallenged with no contra evidence presented.
Supporting Evidence
The plaintiffs are entitled to get a decree in their favour as prayed for. This point is found in favour of the plaintiffs.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. Sale deed No. 182/2021 of Anchalummoodu SRO is hereby set aside to the extent of conferring the right to use the plaint B schedule property to the 4th defendant by the 1st defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Devalal
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jayalekshmi
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Dhanya
- Party Age
- 41
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sandhya
- Party Age
- 37
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sandhya Mole
- Party Age
- 41
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sunil Raveendran
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Copy of Partition Deed No. 218/2014, Land Tax Receipt, Copy of Sale Deed No. 1125/2009, Land Tax Receipt, Settlement Deed No. 1808/2008, Certified copy of Sale Deed No. 182/2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P. Gopalakrishna Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anu Sasi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Direction for the 2nd defendant to remove the gate installed on plaint B schedule.
Evidence:
The 2nd defendant is directed to remove the gate installed on the western side of plaint B schedule within 30 days.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent restraint on defendants from trespassing into plaint B schedule property.
Evidence:
The defendants 2 to 4 and their men are permanently restrained from trespassing into the plaint B schedule property.
Relief Type:
Set Aside
Outcome:
Granted
Description:
Setting aside Sale deed No. 182/2021 to the extent of conferring right to 4th defendant.
Evidence:
Sale deed No. 182/2021 of Anchalummoodu SRO is hereby set aside to the extent of conferring the right to use the plaint B schedule property to the 4th defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiffs are also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proves the plaint claim regarding ownership.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supporting evidence for the plaint claim.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the transaction related to the plaint claim.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supporting evidence for the plaint claim.
Reference:
Ext.A4
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves a prior settlement connected to the property.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the sale transaction impacting the plaint property.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Prepared by the Advocate Commissioner, identifying plaint properties.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Detailed observations made by the Commissioner regarding the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Devalal et al vs Dhanya et al regarding Injunction
Case Code Year
Case between Devalal et al vs Dhanya et al regarding Injunction