Case Summary
The plaintiff, Firoz Khan, is seeking a permanent prohibitory injunction to prevent the defendants from demolishing the eastern boundary wall of his property and widening the pathway. The defendants have allegedly threatened to trespass and demolish the wall for this purpose.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction against the defendants restraining them from trespassing and demolishing the boundary wall.
Case Type
Injunction
Final Judgment
No
The suit is decreed, granting the plaintiff a permanent injunction against the defendants from trespassing on his property and demolishing the eastern boundary wall.
Why Plaintiff Won:
The plaintiff established his ownership and possession of the property and the threats made by the defendants.
The plaintiff established his ownership and possession of the property and the threats made by the defendants.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1 coupled with Ext. A1 and A2 documents would prove the case of the plaintiff. Pleadings and evidence of the plaintiff remain unchallenged.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from demolishing the eastern boundary wall of the plaint schedule property for widening the width of the pathway also from committing any waste or damage therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Firoz Khan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Beena Antony
- Party Role
- Defendant
- Party Name
- Thankamani Vijayan
- Party Role
- Defendant
- Party Name
- Usha
- Party Role
- Defendant
- Party Name
- Unni Bindhu
- Party Role
- Defendant
- Party Name
- Omana Srinivasan
Plaintiffs Documents
Original Sale Deed No. 200/2011, Land Tax Receipt dated 20/11/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajitha.T.R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and their men are permanently restrained from trespassing into the plaint schedule property and from demolishing the eastern boundary wall of the plaint schedule property.
Evidence:
The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from demolishing the eastern boundary wall of the plaint schedule property for widening the width of the pathway also from committing any waste or damage therein.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms that the plaintiff is remitting land tax for the plaint schedule property.
Reference:
Ext.A2
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Firoz Khan vs Beena Antony et al regarding permanent prohibitory injunction
Case Code Year
Case between Firoz Khan vs Beena Antony et al regarding permanent prohibitory injunction