Case Summary
The plaintiff, Sadanandan, is the absolute owner of property and is seeking a permanent prohibitory injunction against defendant Subhash Dharman, who attempted to trespass and demolish a retaining wall on the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is restrained from trespassing and causing damage to the plaintiff's properties. The plaintiff is entitled to recover costs from the defendant.
Case Type
Injunction
Final Judgment
No
The court decreed that the defendant is restrained from trespassing into the plaintiff's properties and causing damage.
Why Plaintiff Won:
The plaintiff succeeded in proving his case with sufficient evidence.
The plaintiff succeeded in proving his case with sufficient evidence.
Losing Side's Weaknesses:
The plaintiff succeeded in proving his case with sufficient evidence.
The plaintiff succeeded in proving his case with sufficient evidence.
Supporting Evidence
By producing Exts. A1 to A3 and C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, this suit is decreed as follows: (i) The defendant is restrained from trespassing into the plaint A and B schedule properties and from causing any damage therein. (ii) The defendant is restrained from causing any damage on the plaint C schedule property. (iii) The plaintiff is entitled to realise costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sadanandan
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subhash Dharman
- Party Age
- 65
Plaintiffs Documents
Certified copy of Release deed 722/1984, Sale deed No. 2761/2004, Land tax receipt dated 05/10/2021
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Poul Antony
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prajeesh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Susheela Poul
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from trespassing into the plaint A and B schedule properties.
Evidence:
The defendant is restrained from trespassing into the plaint A and B schedule properties and from causing any damage therein.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from causing any damage on the plaint C schedule property.
Evidence:
The defendant is restrained from causing any damage on the plaint C schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendant.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Release deed 722/1984 proving the plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed No. 2761/2004 establishing further ownership of the plaint property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment related to the plaint property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the current state and nature of the plaint C schedule property.
Reference:
Ext.C1 series
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sadanandan vs Subhash Dharman regarding Injunction
Case Code Year
Case between Sadanandan vs Subhash Dharman regarding Injunction