Case Summary
The case involves a dispute over a property owned by the plaintiff, who seeks a permanent prohibitory injunction against the defendant to prevent trespassing and encroachment on the property. The defendant allegedly attempted to destroy property boundaries.
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 in favor of the plaintiff, restraining the defendant from trespassing onto the plaintiff's property.
Why Plaintiff Won:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff, the plaintiff has established his case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiff and the defendant is restrained from trespassing into the plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Karun Nick Damodaran
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Binu
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Power of Attorney executed by the plaintiff in favour of PW1, Will deed No. 40/09/III of S.R.O, Kavalayoor, Tax Receipt No. KL01061002546/2021, Resurvey Plan, Attested copy of partition deed No. 2821/1116 M.V.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Devadas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff's request to restrain the defendant from trespassing and committing waste.
Evidence:
The suit is decreed as follows: A permanent prohibitory injunction is granted in favour of the plaintiff and the defendant is restrained from trespassing into the plaint schedule property and committing any act of waste therein.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the plaintiff in favour of PW1.
Reference:
Ext.A1
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Confirms that the plaintiff is remitting tax for the property.
Reference:
Ext.A3
Document Type:
Resurvey Plan
Submitted By:
Plaintiff
Relevance:
Provides boundaries and layout of the property.
Reference:
Ext.A4
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Attested copy establishes the partition of property.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by the Advocate Commissioner to support the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Prepared by the Advocate Commissioner for property demarcation.
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 Karun Nick Damodaran vs Binu regarding permanent prohibitory injunction
Case Code Year
Case between Karun Nick Damodaran vs Binu regarding permanent prohibitory injunction