Case Summary
Sivadas K N filed a counter claim against Sumesh K P and Prajini for a permanent prohibitory injunction regarding property disputes. The case revolves around the construction of a gate on a property that the defendant claims is detrimental to his rights as a co-owner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from constructing a gate.
Case Type
Civil Suit
Final Judgment
No
The counter claim was decreed in favor of Sivadas K N, granting him a permanent prohibitory injunction against Sumesh K P and Prajini from constructing a gate on the disputed property.
Why Plaintiff Won:
The counter claim plaintiff established his case based on unchallenged evidence regarding property rights.
The counter claim plaintiff established his case based on unchallenged evidence regarding property rights.
Losing Side's Weaknesses:
The counter claim plaintiff established his case based on unchallenged evidence regarding property rights.
The counter claim plaintiff established his case based on unchallenged evidence regarding property rights.
Supporting Evidence
The apprehension of counter claim plaintiff is well founded and in the absence of any denial evidence, I am satisfied that counter claim plaintiff is entitled for a decree. The unchallenged oral and documentary evidence is sufficient to grant a decree in favour of counter claim plaintiff.
Judgment Evidence:
In the result, counter claim is decreed on the following terms. Counter claim defendants are restrained by a permanent prohibitory injunction from constructing gate in the eastern boundary of the counter claim schedule property or from doing anything detrimental to the peaceful possession and enjoyment of the counter claim schedule property by the counter claim plaintiff as co-owner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sumesh K P
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Prajini
- Party Age
- 39
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sivadas K N
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Partition Deed No: 1033/1986 of Ernakulam SRO, Certified copy of the Partition Deed No: 3735/2001 of Ernakulam SRO, Certified copy of the Settlement Deed No: 1590/2020 of Ernakulam SRO
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shaji Thankappan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T J Lakshmanan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint on the counter claim defendants from constructing a gate in the eastern boundary of the counter claim schedule property.
Evidence:
Counter claim defendants are restrained by a permanent prohibitory injunction from constructing gate in the eastern boundary of the counter claim schedule property or from doing anything detrimental to the peaceful possession and enjoyment of the counter claim schedule property by the counter claim plaintiff as co-owner.
Relief Type:
Costs
Outcome:
Granted
Description:
Counter claim defendants are directed to pay costs of the suit to plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Marked as evidence to establish the counter claim plaintiff's rights over the property.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Marked to show the joint ownership between the counter claim plaintiff and his mother.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Marked to demonstrate the transfer of property rights to the counter claim plaintiff's daughters.
Reference:
Ext.A3
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 Sivadas K N vs Sumesh K P et al regarding property disputes and permanent prohibitory injunction
Case Code Year
Case between Sivadas K N vs Sumesh K P et al regarding property disputes and permanent prohibitory injunction