Case Summary
Multiple plaintiffs filed a suit seeking permanent injunction to prevent encroachment or obstruction on their shared property against the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit - Injunction
Final Judgment
No
The court granted a permanent prohibitory injunction restraining the defendant from encroaching on the plaintiffs' property.
Why Plaintiff Won:
Plaintiff proved the joint ownership and possession of the property through reliable evidence.
Plaintiff proved the joint ownership and possession of the property through reliable evidence.
Losing Side's Weaknesses:
Plaintiff proved the joint ownership and possession of the property through reliable evidence.
Plaintiff proved the joint ownership and possession of the property through reliable evidence.
Supporting Evidence
Hence, the plaintiff could prove its case by cogent and reliable evidence.
Judgment Evidence:
The suit is decreed as follows: 1. The defendant is hereby restrained by a permanent prohibitory injunction from encroaching into plaint schedule property or to take over its possession, or to demolishing its boundaries or to commit any wastage, or to set out any way through plaint schedule properties or to make any obstruction in plaintiff's peaceful possession and enjoyment of plaint schedule properties. 2. The defendant shall pay cost of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kanakalatha Amma
- Party Age
- 70
- Relation
- W/o Padmanabhan
- Party Role
- Plaintiff
- Party Name
- Anju Nath
- Party Age
- 41
- Relation
- S/o Padmanabhan
- Party Role
- Plaintiff
- Party Name
- Komalavally Amma
- Party Age
- 65
- Relation
- D/o Ammassam
- Party Role
- Plaintiff
- Party Name
- Vilasinai Amma
- Party Age
- 61
- Relation
- D/o Ammassam
- Party Role
- Plaintiff
- Party Name
- Vasantha Amma
- Party Age
- 68
- Relation
- D/o Ammassam
- Party Role
- Defendant
- Party Name
- Subrahmanian @ Gopi
- Party Age
- 36
- Relation
- S/o Kottiyattil
- Party Role
- Defendant
- Party Name
- Ismail
- Party Age
- 43
- Relation
- S/o Thennasseri
Plaintiffs Documents
Original Partition deed, Release deed, Jenm assignment deed, Tax receipts
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Defendant restrained by a permanent prohibitory injunction from encroaching or obstructing.
Evidence:
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proved joint ownership and possession of the property.
Reference:
A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Legal document in support of ownership rights.
Reference:
A2
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Established property transfers and rights.
Reference:
A3
Document Type:
Tax Receipts
Submitted By:
Plaintiff
Relevance:
Supporting evidence of tax payment and ownership.
Reference:
A4, A5, A6, A7
Case Classification
Case Type
Civil Suit - Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Kanakalatha Amma et al vs Subrahmanian @ Gopi et al regarding property injunction
Case Code Year
Case between Kanakalatha Amma et al vs Subrahmanian @ Gopi et al regarding property injunction