Case Summary
The plaintiff, Prasannakumari, seeks a permanent prohibitory injunction against the defendants, Selvakumar, Gopalakrishnan Chettiyar, and Xavier, to prevent them from demolishing her property boundary wall and encroaching on her land. The case arose from disputes over property rights and threats made by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from demolishing the southern compound of plaint A schedule and from causing any obstructions.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part as the defendants are restrained from demolishing the boundary wall and encroaching on the plaintiff's property. The plaintiff is also entitled to claim costs from the defendants.
Why Plaintiff Won:
The plaintiff proved her case as there was no evidence to rebut her claims.
The plaintiff proved her case as there was no evidence to rebut her claims.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts.A1 and A2 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case.
Judgment Evidence:
In the result, this suit is decreed in part as follows: The defendants and their men are hereby restrained from demolishing the southern compound of plaint A schedule, from annexing any portion of the plaint A schedule property to widen the plaint B schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prasannakumari
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Selvakumar
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gopalakrishnan Chettiyar
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Xavier
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Settlement deed No.1830/2019, Land tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Rajendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.R Prasanth
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dhanya.J.G
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from demolishing the southern compound of plaint A schedule and obstructing the plaintiff's possession.
Evidence:
The defendants and their men are hereby restrained from demolishing the southern compound of plaint A schedule, from annexing any portion of the plaint A schedule property to widen the plaint B schedule pathway, and from causing any obstructions to the plaintiff in her peaceful possession and enjoyment of the plaint A schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of the plaintiff's ongoing ownership and tax payments for the property.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
The plaintiff was examined and provided testimony supporting her claims.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Prasannakumari vs Selvakumar et al regarding permanent prohibitory injunction.
Case Code Year
Case between Prasannakumari vs Selvakumar et al regarding permanent prohibitory injunction.