Case Summary
The case involves a dispute between the plaintiff, Prabhakaran, and the defendant, Radhakrishnan, regarding a property where the plaintiff claims that the defendant has threatened to trespass and has already attempted to evict tenants. The plaintiff seeks an injunction to prevent further encroachment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant and the men under him are restrained from trespassing into the plaint schedule property and from committing any act of waste therein.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent injunction against the defendant to prevent trespassing on the plaint schedule property.
Why Plaintiff Won:
There is no evidence to rebut the evidence adduced on the side of the plaintiff.
There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff.
Judgment Evidence:
In the result , the suit is decreed as follows; 1.The defendant and the men under him are restrained from trespassing into the plaint schedule property and from committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prabhakaran
- Party Age
- 85
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Radhakrishnan
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
08.06.1966 Sale Deed no. 1467/1966, 19.02.2025 Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P Anilkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from trespassing into the plaint schedule property and from committing any act of waste therein.
Evidence:
the suit is decreed as follows; 1.The defendant and the men under him are restrained from trespassing into the plaint schedule property and from committing any act of waste therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The sale deed establishes the plaintiff's right and title over the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The tax receipt supports the plaintiff's claim regarding the property in question.
Reference:
Ext.A2
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 Prabhakaran vs Radhakrishnan regarding permanent prohibitory injunction
Case Code Year
Case between Prabhakaran vs Radhakrishnan regarding permanent prohibitory injunction