Case Summary
Thomas, the plaintiff, is seeking a permanent injunction against Rajani Anil and Anil, the defendants, to prevent them from trespassing on his property and demolishing a compound wall. The property is described as being distinctly separated from the defendants' properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction preventing defendants from trespassing and demolishing the compound wall.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent injunction against the defendants to prevent them from trespassing on the property and demolishing the compound wall.
Why Plaintiff Won:
The plaintiff established a prima facie case supported by oral and documentary evidence.
The plaintiff established a prima facie case supported by oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established a prima facie case supported by oral and documentary evidence.
The plaintiff established a prima facie case supported by oral and documentary evidence.
Supporting Evidence
The plaintiff has made out a prima facie case, as evidenced by the unchallenged oral testimony of PW1 and PW2, supported by documentary evidence.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) Let the defendants and all persons claiming under them be perpetually restrained from trespassing into the plaint schedule property and from demolishing the existing compound wall.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thomas
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajani Anil
- Party Age
- 32
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anil
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Sale Deed No.3387/95, Original tax receipt No.T 0306500, Copy of Re-Survey Plan No.584/2
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Bhagavath Singh.C.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.L.Satheesh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction to restrain defendants from trespassing and demolishing the compound wall.
Evidence:
the suit is decreed as follows: (a) Let the defendants and all persons claiming under them be perpetually restrained from trespassing into the plaint schedule property and from demolishing the existing compound wall.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction to restrain defendants from creating a new pathway through the plaint schedule property.
Evidence:
Let the defendants and all persons claiming under them be perpetually restrained from creating or attempting to create any new pathway through the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Recovery of costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to recover the costs of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The certified copy of Sale Deed No. 3387/95 establishes the ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The original tax receipt supports the ownership and tax status of the property.
Reference:
Ext.A2
Document Type:
Re-Survey Plan
Submitted By:
Plaintiff
Relevance:
The copy of the Re-Survey Plan No. 584/2 depicts the boundaries and layout of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report provides a fair and impartial layout of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Commission sketch
Submitted By:
Court
Relevance:
The sketch indicates the nature and layout of the property, corroborating the claims made by the plaintiff.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2019