Case Summary
The plaintiffs, led by Sri.Ramachandran, sought an injunction to prevent the defendants from trespassing onto their property that was part of a partition suit. The case involved legal heirs of deceased property owners and issues surrounding earlier court decrees.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against trespassing
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants from trespassing onto the plaint schedule properties. The defendants were also ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiffs proved possession of the property and the legitimacy of their claims through previous court decrees.
The plaintiffs proved possession of the property and the legitimacy of their claims through previous court decrees.
Losing Side's Weaknesses:
The plaintiffs proved possession of the property and the legitimacy of their claims through previous court decrees.
The plaintiffs proved possession of the property and the legitimacy of their claims through previous court decrees.
Supporting Evidence
There is absolutely no evidence before this court to show either that the defendants were put in darkness about the pendency of OS 110/2006 or that they were fraud played upon by the plaintiffs in getting a decree in favour of the latter.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. That the defendants are hereby restrained by a perpetual prohibitory injunction from trespassing into the plaint schedule properties, from taking vehicles into the property, from obliterating the boundaries of the plaint schedule property and from interfering with the peaceful possession and enjoyment of the plaint schedule property by the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sri.Ramachandran
- Party Age
- 79
- Relation
- S/o. Late.Unnichira @ Ammu
- Party Role
- Plaintiff
- Party Name
- Premalatha
- Party Age
- 69
- Relation
- W/o. Late.Sivadasan
- Party Role
- Plaintiff
- Party Name
- Asokan
- Party Age
- 72
- Relation
- deceased
- Party Role
- Plaintiff
- Party Name
- Dinoj
- Party Age
- 53
- Relation
- deceased
- Party Role
- Plaintiff
- Party Name
- Deepa
- Party Age
- 51
- Party Role
- Defendant
- Party Name
- Thankamani
- Party Age
- 72
- Relation
- W/o. Late.Sivanandan
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 53
- Relation
- S/o. Late.Sivanandan
- Party Role
- Defendant
- Party Name
- Sreelal
- Party Age
- 52
- Relation
- S/o. Late.Sivanandan
- Party Role
- Defendant
- Party Name
- Sreejith
- Party Age
- 50
- Relation
- S/o. Late.Sivanandan
- Party Role
- Defendant
- Party Name
- Shine Kumar
- Party Age
- 48
- Relation
- S/o. Late.Sivanandan
Plaintiffs Documents
Certified copies of Decree in OS 110/2006, Judgment in OS 110/2006, Final decree in FDIA 3635/2008.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.P.C.Padmaja
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Relief sought to restrain the defendants from trespassing into the plaint schedule properties.
Evidence:
I find that the plaintiffs are entitled for a relief of permanent prohibitory injunction as prayed for.
Documents & Evidence
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Used to establish the ownership and rights of the plaintiffs over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Provided background on the previous suit OS 110/2006 relevant to the current case.
Reference:
Ext.A2
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Clarified the final decree in FDIA 3635/2008 supporting the plaintiffs' claims.
Reference:
Ext.A3
Document Type:
Certified copy of delivery order
Submitted By:
Plaintiff
Relevance:
Demonstrated the actual delivery of property to the plaintiffs as per the final decree.
Reference:
Ext.A4
Document Type:
Certified Copy of Delivery Account
Submitted By:
Plaintiff
Relevance:
Confirmed the details of the plots delivered to the plaintiffs.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Served to bolster the evidence of the plaintiffs' ownership and possession of the property.
Reference:
Ext.A6 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Assisted in establishing the identification and condition of the plaint schedule properties.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Sri.Ramachandran et al vs Thankamani et al regarding injunction against trespassing
Case Code Year
Case between Sri.Ramachandran et al vs Thankamani et al regarding injunction against trespassing