Case Summary
This case involves plaintiffs Syamala and Sukumaran seeking a permanent prohibitory injunction against defendants Sarala, Savithri, Unni, and Manikuttan to prevent encroachment on their property. The plaintiffs assert their ownership through a prior decree in a related case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favor of the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiffs, preventing the defendants from encroaching on the plaint schedule property.
Why Plaintiff Won:
The plaintiffs established their case through unchallenged oral and documentary evidence.
The plaintiffs established their case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiffs established their case through unchallenged oral and documentary evidence.
The plaintiffs established their case through unchallenged oral and documentary evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiffs, the plaintiffs have established their case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants are restrained from encroaching into the plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syamala
- Party Age
- 70
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sukumaran
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sarala
- Party Age
- 59
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Savithri
- Party Age
- 51
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Unni
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manikuttan
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed No. 522/1989 of Navaikulam S.R.O., Tax receipt No. KL01021005305/2020 of Karavaram Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.L. Sajan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.S. Lukkuman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted in favour of the plaintiffs.
Evidence:
In the result, the suit is decreed as follows: 1.A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants are restrained from encroaching into the plaint schedule property and committing any act of waste therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 522/1989 of Navaikulam S.R.O.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 10.11.2020.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared and submitted by Adv. Commissioner Smt. Merly.G.S.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared and submitted by Adv. Commissioner Smt. Merly.G.S.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Syamala et al vs Sarala et al regarding permanent prohibitory injunction
Case Code Year
Case between Syamala et al vs Sarala et al regarding permanent prohibitory injunction