Case Summary
The case involves Sasikumar and the defendants, Ratheesh Yesudas and Reena Yesudas, regarding a dispute over a sale agreement for property. The plaintiff seeks an injunction to prevent the defendants from executing documents related to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from creating documents with respect to the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, with the defendants being restrained from creating any documents related to the property in question.
Why Plaintiff Won:
The plaint averments and evidence established the plaintiff's case with no evidence to rebut it.
The plaint averments and evidence established the plaintiff's case with no evidence to rebut it.
Losing Side's Weaknesses:
The plaint averments and evidence established the plaintiff's case with no evidence to rebut it.
The plaint averments and evidence established the plaintiff's case with no evidence to rebut it.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; The defendants 1 and 2 are hereby restrained by a decree of permanent prohibitory injunction from creating any documents with respect to the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sasikumar
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ratheesh Yesudas
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Reena Yesudas
- Party Age
- 38
- Relation
- D/o
Plaintiffs Documents
Property Sale Agreement between Plaintiff and Defendants, Copy of the preliminary Decree in OS 744/1997 of Addl. Munsiff Court, Kottayam, Death Certificate of Yesudas Prasad, Death Certificate of Pennamma, Copy of the notice issued by Adv. P A Rabeez, Acknowledgment card addressed to Ratheesh Yesudas-D1, Returned cover issued to Reena Manoj
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P A Rabeez
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reni Baby
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anakha Santhosh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adithya Benzeer
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rizan T Nazar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Treesa Sony Thoppil
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from creating any documents with respect to the plaint schedule property and committing any waste.
Evidence:
The defendants 1 and 2 are hereby restrained by a decree of permanent prohibitory injunction from creating any documents with respect to the plaint schedule property, committing any waste in the plaint schedule property, alienating the property or creating any document with respect to the plaint schedule property, changing the boundaries of the property against the plan prepared or changing the nature of the property before getting delivery of the property in the final decree proceedings to be initiated by the defendants.
Documents & Evidence
Document Type:
Property Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the agreement for the sale of the plaint schedule property between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Copy of the preliminary Decree
Submitted By:
Plaintiff
Relevance:
This document refers to the preliminary decree in OS 744/1997 which outlines the property interests of the defendants.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document verifies the death of Yesudas Prasad, the father of the defendants, affecting the property ownership.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document verifies the death of Pennamma, the mother of the defendants.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
This document shows the notice issued by the plaintiff's advocate to the defendants, demanding initiation of final decree proceedings.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as proof of communication sent to the first defendant.
Reference:
Ext.A6
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
This document shows the returned communication to Reena Manoj, indicating attempted notification to the defendants.
Reference:
Ext.A7
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 Sasikumar vs Ratheesh Yesudas et al regarding permanent prohibitory injunction
Case Code Year
Case between Sasikumar vs Ratheesh Yesudas et al regarding permanent prohibitory injunction