Case Summary
Aji filed a suit against Rajasekharan Nair seeking a permanent prohibitory injunction regarding a property sale agreement. The defendant failed to execute the sale deed as agreed, leading to the plaintiff's legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant is restrained from alienating and creating any documents of the plaint schedule other than in the name of the plaintiff. The plaintiff is entitled to realize costs of the suit from the defendant.
Why Plaintiff Won:
The evidence of the plaintiff remains unchallenged without contra evidence on record.
The evidence of the plaintiff remains unchallenged without contra evidence on record.
Losing Side's Weaknesses:
The evidence of the plaintiff remains unchallenged without contra evidence on record.
The evidence of the plaintiff remains unchallenged without contra evidence on record.
Supporting Evidence
The evidence of plaintiff remains unchallenged. There is no reason to disbelieve PW1. From the available evidence, the plaintiff is entitled for a decree of permanent prohibitory injunction.
Judgment Evidence:
The suit is decreed as follows: (i) The defendant is restrained from alienating and creating any documents of the plaint schedule other than in the name of the plaintiff as per the agreement dated 24/09/2022 and communicate the order to Nemom village office and Nemom Sub Registrar Office.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aji
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajasekharan Nair
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Original Sale Agreement dated 24.09.2022, Copy of Advocate Notice dated 19.12.2022, Postal Receipt dated 19.12.2022, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Robin Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Goutham M Anil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from alienating and creating any documents of the plaint schedule other than in the name of the plaintiff.
Evidence:
The defendant is restrained from alienating and creating any documents of the plaint schedule other than in the name of the plaintiff as per the agreement dated 24/09/2022 and communicate the order to Nemom village office and Nemom Sub Registrar Office.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
Considering the facts and circumstances, the plaintiff is entitled to realise costs of the suit from the defendant.
Documents & Evidence
Document Type:
Original Sale Agreement
Submitted By:
Plaintiff
Relevance:
Proves the agreement to sell the plaint schedule property.
Reference:
Ext.A1
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Serves as a legal notice sent to the defendant regarding the agreement.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Acts as evidence of sending the legal notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice by the defendant.
Reference:
Ext.A4
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
2022