Case Summary
Santhini and Sreekala are the plaintiffs who own property that they allege the defendants illegally trespassed upon. The court addresses their request for injunction against the defendants to prevent further encroachment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against defendants from trespassing and disturbance.
Case Type
Civil Suit
Final Judgment
No
The court has decreed in favor of the plaintiffs, granting them the permanent injunctive relief they sought against the defendants regarding trespassing and disturbances to their property.
Why Plaintiff Won:
The plaintiffs provided satisfactory proof of ownership and possession of the property, and the defendants failed to defend their position.
The plaintiffs provided satisfactory proof of ownership and possession of the property, and the defendants failed to defend their position.
Losing Side's Weaknesses:
The plaintiffs provided satisfactory proof of ownership and possession of the property, and the defendants failed to defend their position.
The plaintiffs provided satisfactory proof of ownership and possession of the property, and the defendants failed to defend their position.
Supporting Evidence
The affidavit and documents would satisfactorily prove the plaintiff's case. Hence, the plaintiff is entitled to a decree as sought for.
Judgment Evidence:
In the result, the suit is decreed as follows. Defendants, their men and agents are restrained from trespassing into the plaint A schedule property and committing any manner of waste, disturbance, obstruction or disruption to the ownership, possession and enjoyment of plaint A schedule property by the plaintiff to the exclusion of all others.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Santhini
- Party Age
- 63
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sreekala
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chandran
- Party Role
- Defendant
- Party Name
- Muraleedharan
- Party Role
- Defendant
- Party Name
- Purushothaman
Plaintiffs Documents
Sale Deed No. 3678/2008, Original possession certificate, Original land tax receipts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Sanjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sindhu Krishna C.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.S.Anju
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suraj Krishnan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants were restrained from trespassing into the plaint A schedule property.
Evidence:
Defendants, their men and agents are restrained from trespassing into the plaint A schedule property and committing any manner of waste, disturbance, obstruction or disruption to the ownership, possession and enjoyment of plaint A schedule property by the plaintiff to the exclusion of all others.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants were directed to remove the stone lamp installed by them.
Evidence:
Defendants are directed to remove the stone lamp installed by them in plaint A schedule property and restore plaint A schedule property to its original state within 30 days from the date of this decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit.
Evidence:
Plaintiff shall also be entitled for the costs of the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed no. 3678/08 proving ownership of the suit property.
Reference:
Ext.A1
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Original possession certificate proving plaintiffs' possession of the property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original land tax receipt establishing payment of taxes for the property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original land tax receipt establishing payment of taxes for the property.
Reference:
Ext.A3(a)
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original land tax receipt establishing payment of taxes for the property.
Reference:
Ext.A3(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Santhini et al vs Chandran et al regarding permanent prohibitory injunction
Case Code Year
Case between Santhini et al vs Chandran et al regarding permanent prohibitory injunction