Case Summary
The plaintiff, Dinesan P.S., is the owner of certain properties in Elamkulam village and has filed a suit against the defendant, Shaji, for trespassing and obstructing his enjoyment of the property. The court found the plaintiff's claims to be substantiated and ruled in his favor.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree of permanent prohibitory injunction restraining the defendant, his men and agents from trespassing into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction against the defendant, preventing him from trespassing on the plaintiff's property and committing any waste.
Why Plaintiff Won:
The plaintiff established his claims with uncontroverted evidence.
The plaintiff established his claims with uncontroverted evidence.
Losing Side's Weaknesses:
The plaintiff established his claims with uncontroverted evidence.
The plaintiff established his claims with uncontroverted evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and the Exhibits established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of plaint claim, I learn that same remains uncontroverted and accordingly admitted and the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, suit decreed as follows: A decree of permanent prohibitory injunction restraining the defendant, his men and agents from trespassing into the plaint schedule property and committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dinesan P.S.
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Digitalized copy of the exchange deed No.1853/1996, Certified copy of the Judgment in W.P(Civil)24364/2019, Certified copy of Judgment in W.A. No. 212/2020, Original proceedings of the Tahasildar (LR) dated 24.11.2022, Original of notice of final assessment and demand for land tax, Original of basic tax receipt dated 20.07.2022
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese C. Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vipin C. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.V. Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction restraining the defendant from trespassing into the plaint schedule property.
Evidence:
In the result, suit decreed as follows: A decree of permanent prohibitory injunction restraining the defendant, his men and agents from trespassing into the plaint schedule property and committing any waste therein.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from obstructing the plaintiff in his developmental activities and constructions upon the plaint schedule property.
Evidence:
The defendants are hereby restrained from obstructing the plaintiff in his developmental activities and constructions upon the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to get costs of suit from defendants.
Evidence:
The plaintiffs are entitled to get costs of suit from defendants and from their assets.
Documents & Evidence
Document Type:
Exchange Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Exchange deed No. 1853/1996.
Reference:
Ext.A1
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of the Judgment in W.P(Civil)24364/2019 by Hon'ble High Court.
Reference:
Ext.A2
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of Judgment in W.A. No. 212/2020.
Reference:
Ext.A3
Document Type:
Proceedings
Submitted By:
Plaintiff
Relevance:
Proceedings of the Tahasildar (LR) of Kanayannur Taluk.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Original of notice of final assessment and demand for land tax.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original of basic tax receipt issued by Village Officer, Elamkulam Village.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report in IA 283/2023.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch attached to Ext. C1 which adds strength to the case of the plaintiff.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unrebutted oral testimony of PW1.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Dinesan P.S. vs Shaji regarding permanent prohibitory injunction
Case Code Year
Case between Dinesan P.S. vs Shaji regarding permanent prohibitory injunction