Case Summary
Santha, the plaintiff, seeks a permanent prohibitory injunction against Kala, the defendant, who has been attempting to demolish a compound wall situated on the plaintiff's property. The defendant failed to appear in court, leading to a default judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant from demolishing the compound wall and trespassing on the plaintiff's property.
Why Plaintiff Won:
The plaintiff's unchallenged evidence proves her case and entitlement to the injunction.
The plaintiff's unchallenged evidence proves her case and entitlement to the injunction.
Losing Side's Weaknesses:
The plaintiff's unchallenged evidence proves her case and entitlement to the injunction.
The plaintiff's unchallenged evidence proves her case and entitlement to the injunction.
Supporting Evidence
Plaintiff’s unchallenged evidence proves her case and she is entitled to a decree of permanent prohibitory injunction as sought for.
Judgment Evidence:
In the result, the suit is decreed with costs and the defendant is restrained by a decree of permanent prohibitory injunction from demolishing or destroying or doing anything detrimental to the plaint B schedule compound wall and from trespassing or encroaching upon the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Santha
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kala
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Certified copy of sale deed No.1917/1997, Copy of land tax receipt, Copy of decree along with mediation agreement, Photographs of plaint B schedule compound walls (3 Nos.), Commission report
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.A.Abdul Kharim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sameer Kharim
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Nishinsha. S.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought a decree of permanent prohibitory injunction against the defendant's actions regarding the compound wall.
Evidence:
The plaintiff is entitled to a decree of permanent prohibitory injunction as sought for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.1917/1997 dated 21.08.1997 establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipt dated 28.10.2024 supports the plaintiff's claim regarding the property.
Reference:
Ext.A2
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Copy of decree dated 28.07.2022 along with mediation agreement provides background on previous disputes.
Reference:
Ext.A3
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Series of photographs of plaint B schedule compound walls (3 Nos.) visually substantiate the plaintiff's claims.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report aids in verifying the facts presented by the plaintiff.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Santha vs Kala regarding Permanent prohibitory injunction
Case Code Year
Case between Santha vs Kala regarding Permanent prohibitory injunction