Case Summary
Gopinadhan Nair is the plaintiff seeking a permanent prohibitory injunction against the defendants, Santha @ Girija and Udayasenan. The case involves an attempt by the defendants to encroach upon the plaintiff's properties by destroying a granite foundation basement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favour of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction restraining the defendants from encroaching upon the plaintiff's properties. There was no order as to costs.
Why Plaintiff Won:
The plaintiff established ownership and possession of the properties and a necessity for the injunction to prevent destruction.
The plaintiff established ownership and possession of the properties and a necessity for the injunction to prevent destruction.
Losing Side's Weaknesses:
The plaintiff established ownership and possession of the properties and a necessity for the injunction to prevent destruction.
The plaintiff established ownership and possession of the properties and a necessity for the injunction to prevent destruction.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintif, the plaintif has established that he is the absolute owner in possession of plaint schedule properties.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. A permanent prohibitory injunction is granted in favour of the plaintif and the defendants are restrained from encroaching into the plaint schedule properties by demolishing the granite foundation basement on the eastern side of the plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gopinadhan Nair
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santha @ Girija
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Udayasenan
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Sale Deed No. 86/1997, Sale Deed No. 569/1996, Sale Deed No. 2142/2009, Tax receipt dated 08.04.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. Jayaprakash
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted in favour of the plaintiff restraining the defendants from encroaching into the plaint schedule properties by demolishing the granite foundation basement.
Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintif and the defendants are restrained from encroaching into the plaint schedule properties by demolishing the granite foundation basement on the eastern side of the plaint schedule properties.
Relief Type:
Other
Outcome:
Not Decided
Description:
No order as to costs.
Evidence:
2.No order as to costs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership of the plaintiff over the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim to ownership of additional property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document further establishes the plaintiff's ownership of the properties in question.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiff is remitting tax for the property.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was prepared by the Adv. Commissioner and supports the court's decision.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch complements the Commission Report and is used for visual reference in the case.
Reference:
Ext.C1(a)
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 Gopinadhan Nair vs Santha @ Girija, Udayasenan regarding permanent prohibitory injunction
Case Code Year
Case between Gopinadhan Nair vs Santha @ Girija, Udayasenan regarding permanent prohibitory injunction