Case Summary
The plaintiffs, Suresh Babu and Prasadini, are seeking a permanent prohibitory injunction against the defendants, Vinod, Viswambharan, and Sindhu. The suit is related to an obstruction caused by the defendants in the construction of a boundary wall on the plaintiffs' property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from trespassing into the plaint A schedule property and causing obstruction to the construction of the northern boundary wall.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, restraining the defendants from trespassing and obstructing the construction of the boundary wall as per the permit obtained from the municipality.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
The withdrawal of contentions in the written statement would amount to the admission of the claim put forward by the plaintiffs. Hence the case of the plaintiff stands proved.
Judgment Evidence:
In the result, Suit is decreed as follows: The defendants and the men claiming under them are restrained from trespassing into the plaint A schedule property, from widening the plaint B schedule property by annexing any portion of the plaint A schedule property, from committing any waste or mischief in the plaint schedule property and from causing obstruction to the construction of the northern boundary wall as per the permit given by the Kottayam Municipality.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh Babu
- Party Age
- 67
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Prasadini
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vinod
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Viswambharan
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sindhu
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Copy of sale deed no. 4022/1994, Tax receipt, Site Approval and compound wall permit, Letter from Block Development Officer, Pallom, Copy of complaint of Superintendent of Police, Kottayam, Receipt from District Police Chief, Kottayam
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. K Karjet
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Nikhildev N
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing into the plaint A schedule property and from widening the plaint B schedule property.
Evidence:
the defendants and the men claiming under them are restrained from trespassing into the plaint A schedule property, from widening the plaint B schedule property by annexing any portion of the plaint A schedule property, from committing any waste or mischief in the plaint schedule property and from causing obstruction to the construction of the northern boundary wall as per the permit given by the Kottayam Municipality.
Documents & Evidence
Document Type:
Copy of sale deed
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiffs' ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document is related to the property in question.
Reference:
Ext.A2
Document Type:
Site Approval and compound wall permit
Submitted By:
Plaintiff
Relevance:
This document proves that the plaintiffs had permission to construct a boundary wall.
Reference:
Ext.A3
Document Type:
Letter from Block Development Officer
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiffs' claims regarding their property.
Reference:
Ext.A4
Document Type:
Copy of complaint
Submitted By:
Plaintiff
Relevance:
This document relates to previous complaints made by the plaintiffs.
Reference:
Ext.A5
Document Type:
Receipt from District Police Chief
Submitted By:
Plaintiff
Relevance:
This document is a receipt that supports the plaintiffs' claims.
Reference:
Ext.A6
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 Suresh Babu et al vs Vinod et al regarding permanent prohibitory injunction.
Case Code Year
Case between Suresh Babu et al vs Vinod et al regarding permanent prohibitory injunction.