Case Summary
Shibu, the plaintiff, is seeking a permanent prohibitory injunction against the defendants R. Rajagopalakrishnan, M.J. Anandanarayanan, and others regarding a property dispute. The defendants filed a counterclaim against the plaintiff for similar relief.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Permanent prohibitory injunction from trespassing into counter claim properties.
Case Type
Civil Suit
Final Judgment
No
The court dismissed OS 792/2022 and decreed the counter claim, granting the defendants relief from trespassing into the counter claim property.
Key Reasoning:
Defendants proved legal ownership and continuous possession of the counter claim properties.
Defendants proved legal ownership and continuous possession of the counter claim properties.
Why Defendant Won:
Defendants proved legal ownership and continuous possession of the counter claim properties.
Defendants proved legal ownership and continuous possession of the counter claim properties.
Supporting Evidence
The identity of the property belonging to the defendants is well established by the advocate commissioner's report and plans.
Judgment Evidence:
In the result, the OS 792/2022 is dismissed and the counter claim is decreed. The counterclaim defendants are restrained from trespassing into the counter claim A to D schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shibu
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- R. Rajagopalakrishnan
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.J. Anandanarayanan
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.P. Ravi
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P. Dharmarajan
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.R. Ramani
- Party Age
- 72
- Relation
- S/o
Plaintiffs Documents
Deed No. 801/2022, Possession Certificate, Location sketch, Plan and Permit.
Defendants Documents
Deed No. 306/1959, Deed No. 969/1967, Deed No. 65/1994.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.M. Mohandas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Muhammed Shamnas. O.K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Manjith
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Anil Viswanath
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the defendants.
Evidence:
The plaintiff is not entitled to a decree for permanent prohibitory injunction as sought for.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Counter claim preferred by defendants for permanent prohibitory injunction against the plaintiff.
Evidence:
The defendants who are in settled possession of the counter claim properties are entitled to a decree as sought for.
Documents & Evidence
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
The plaintiff claims ownership of the property based on this deed.
Reference:
Ext.A1
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Document showing the plaintiff's possession of the property.
Reference:
Ext.A2
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
Provides the location details of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Plan and Permit
Submitted By:
Plaintiff
Relevance:
Permit to construct on the plaint schedule property.
Reference:
Ext.A4
Document Type:
Letter from Bank
Submitted By:
Plaintiff
Relevance:
Indicates financial arrangements made by the plaintiff!
Reference:
Ext.A5
Document Type:
Certified Copy of Deed
Submitted By:
Defendant
Relevance:
Used by the defendants to validate their claims against the property.
Reference:
Ext.B1
Document Type:
Certified Copy of Deed
Submitted By:
Defendant
Relevance:
Shows a prior claim on the property.
Reference:
Ext.B2
Document Type:
Certified Copy of Deed
Submitted By:
Defendant
Relevance:
Details original ownership of the property.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided details on the property for the court's consideration.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further documents that clarify the physical attributes of the property.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Shibu vs R. Rajagopalakrishnan, M.J. Anandanarayanan et al regarding permanent prohibitory injunction.
Case Code Year
Case between Shibu vs R. Rajagopalakrishnan, M.J. Anandanarayanan et al regarding permanent prohibitory injunction.