Case Summary
Kunjumol George is seeking a decree for permanent prohibitory injunction against Baiju K M and others, who have allegedly trespassed onto his property and attempted to alter it. The defendants were found to have acted without permission, leading the plaintiff to seek legal intervention.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants, mandatory injunction to restore the karimkalkettu within 30 days.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants for their trespassing actions. The defendants are also mandated to restore the altered property within 30 days.
Why Plaintiff Won:
The plaintiff successfully established ownership and possession over the property.
The plaintiff successfully established ownership and possession over the property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the oral and documentary evidence, this Court finds that the plaintiff has established his ownership and possession over the plaint Schedule Item No. 1 property.
Judgment Evidence:
In the result, the suit is decreed ex parte as follows: The defendants and their men are restrained by a decree of permanent prohibitory injunction from cutting open or forming any pathway through the plaint Schedule Item No. 1 property, or in any manner interfering with the plaintiff’s possession. The defendants are directed by a decree of mandatory injunction to restore the karimkalkettu situated at the beginning of the plaint Schedule Item No. 2 property to its original condition within 30 days from the date of this judgment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunjumol George
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Baiju K M
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jishnu K Baiju
- Party Age
- 21
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vishnu K Baiju
- Party Age
- 19
- Relation
- S/o
Plaintiffs Documents
True Copy of Sale Deed No. 1508/2007 of Sub Registrar Office, Vazhoor, Tax Receipt (Thandaper No. 6466, Anickadu Village)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thomas Kachiramattom
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained from cutting open or forming any pathway through the plaint Schedule Item No. 1 property.
Evidence:
The defendants and their men are restrained by a decree of permanent prohibitory injunction from cutting open or forming any pathway through the plaint Schedule Item No. 1 property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants directed to restore the karimkalkettu to its original condition.
Evidence:
The defendants are directed by a decree of mandatory injunction to restore the karimkalkettu situated at the beginning of the plaint Schedule Item No. 2 property to its original condition within 30 days from the date of this judgment.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership and possession of the Item No. 1 property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence related to the property in question.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Confirms the location of Item Nos. 1 and 2 properties and the condition of the karimkalkettu.
Reference:
Ext.C1
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 Kunjumol George vs Baiju K M et al regarding injunction
Case Code Year
Case between Kunjumol George vs Baiju K M et al regarding injunction