Case Summary
The case involves E K Ponnamma as the plaintiff seeking a permanent prohibitory injunction against E K Krishnankutty and others, who allegedly interfered with property rights. The original suit was declared abated due to the plaintiff's death, but the counter-claim proceeded.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The counter-claim defendants are hereby permanently restrained from destroying, damaging, defacing or covering the tombs and from obstructing the counter-claim plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the counter-claim plaintiffs, allowing the counter-claim and providing protections regarding the tombs on the property.
Why Plaintiff Won:
The counter-claim plaintiffs established their right to access, preserve and maintain the tombs.
The counter-claim plaintiffs established their right to access, preserve and maintain the tombs.
Losing Side's Weaknesses:
The counter-claim plaintiffs established their right to access, preserve and maintain the tombs.
The counter-claim plaintiffs established their right to access, preserve and maintain the tombs.
Supporting Evidence
The testimony of PW1 inspires confidence of this court. There is therefore no legal impediment in accepting the case of the counter-claim plaintiffs.
Judgment Evidence:
In the result: The counter-claim is allowed exparte in the following terms: (a) The counter-claim defendants are hereby permanently restrained from destroying, damaging, defacing or covering the tombs situated in the counter-claim schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- E K Ponnamma
- Party Age
- 72
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- E K Krishnankutty
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ushakumari K V
- Party Age
- 64
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vikas Krishnan
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vinitha Krishnan
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Certified copy of partition deed No. 209/2014, Tax receipt (Thandaper No. 1188, Thiruvarppu Village), Office copy of complaint to the SHO, Photographs of counter claim property schedule.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rajeev P Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Counter-claim defendants are permanently restrained from damaging the tombs and obstructing counter-claim plaintiffs.
Evidence:
The counter-claim defendants are hereby permanently restrained from destroying, damaging, defacing or covering the tombs situated in the counter-claim schedule property; dumping soil, debris or any material upon the said tombs; obstructing the counter-claim plaintiffs from entering the property for cleaning, preserving, maintaining, and performing rituals, poojas and customary ceremonies.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Certified copy of partition deed establishing ownership rights over the property.
Reference:
Ext. B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt related to the property.
Reference:
Ext. B2
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Office copy of the complaint given to the police regarding property issues.
Reference:
Ext. B3
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs of the counter claim property schedule.
Reference:
Ext. B4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between E K Ponnamma vs E K Krishnankutty et al regarding permanent prohibitory injunction.
Case Code Year
Case between E K Ponnamma vs E K Krishnankutty et al regarding permanent prohibitory injunction.