Case Summary
Sukumari.C initiated a suit for permanent prohibitory injunction against Siju.R and others, claiming ownership and preventing them from encroaching on her property. The defendants did not appear in court, leading to a judgment in favor of Sukumari.C.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of Sukumari.C, restraining the defendants from encroaching on her property and causing obstruction in construction. The plaintiff is entitled to costs from the defendants.
Why Plaintiff Won:
The plaintiff proved ownership and possession of the property, and the defendants did not contest the claims.
The plaintiff proved ownership and possession of the property, and the defendants did not contest the claims.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of plaintiff remains unchallenged. There is no contra evidence on record. From the available evidence, the plaintiff is entitled for a decree of permanent prohibitory injunction restraining the defendants and their henchmen from encroaching into the plaint A schedule property.
Judgment Evidence:
In the result, The suit is decreed with costs as follows: (i)The defendants are restrained from encroaching into the plaint A schedule property through its northern portion to widen the plaint B schedule pathway or remove the boundary iron pipe separating plaint A schedule property from the B schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sukumari.C
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Siju.R
- Party Age
- 35
- Party Role
- Defendant
- Party Name
- Jessy
- Party Age
- 48
- Party Role
- Defendant
- Party Name
- Rajan
- Party Age
- 60
Plaintiffs Documents
Certified Copy of Sale Deed No.1812/2022, Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Rajeev Chempakassery
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vinoj.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from encroaching into the plaint A schedule property through its northern portion.
Evidence:
The defendants are restrained from encroaching into the plaint A schedule property through its northern portion to widen the plaint B schedule pathway or remove the boundary iron pipe separating plaint A schedule property from the B schedule pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from obstructing the plaintiff's construction of the boundary wall.
Evidence:
The defendants are restrained from causing obstruction with the plaintiff from constructing the boundary wall on the northern side of the plaint A schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
Considering the facts and circumstances, the plaintiff is entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.1812/2022 establishing the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document supporting the plaintiff's claim related to the property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Sukumari.C vs Siju.R et al regarding permanent prohibitory injunction
Case Code Year
Case between Sukumari.C vs Siju.R et al regarding permanent prohibitory injunction