Case Summary
B. Sukumaran Nair, the plaintiff, filed a suit against his younger brother B. Sugunarajan Nair for a permanent prohibitory injunction regarding a property dispute. The plaintiff claims that the defendant trespassed onto his property and attempted to dump waste.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant. The defendant is restrained from trespassing on the plaintiff's property.
Why Plaintiff Won:
Plaintiff's unchallenged evidence proves his case.
Plaintiff's unchallenged evidence proves his case.
Losing Side's Weaknesses:
Plaintiff's unchallenged evidence proves his case.
Plaintiff's unchallenged evidence proves his case.
Supporting Evidence
Plaintiff’s unchallenged evidence proves his case and he is entitled to a decree of permanent prohibitory injunction as sought for.
Judgment Evidence:
In the result, the suit is decreed with costs and the defendant is restrained and prohibited by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B. Sukumaran Nair
- Party Age
- 80
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- B. Sugunarajan Nair
- Party Age
- 70
Plaintiffs Documents
Copy of Partition deed No.245/1977, Copy of tax receipt dated 26.12.2024, Copy of digital sketch of plaint schedule property, Copy of acknowledgment receipt from Vizhinjam Police station dated 27.08.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Aryakrishnan. S.H
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Govardhan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought a decree of permanent prohibitory injunction against the defendant's trespassing.
Evidence:
the suit is decreed with costs and the defendant is restrained and prohibited by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Copy of Partition deed No.245/1977 dated 31.01.1977 establishes plaintiff’s ownership and possession.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of tax receipt dated 26.12.2024 supports plaintiff’s claim regarding the property.
Reference:
Ext.A2
Document Type:
Digital Sketch
Submitted By:
Plaintiff
Relevance:
Copy of digital sketch of plaint schedule property provides clarity on property boundaries.
Reference:
Ext.A3
Document Type:
Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Copy of acknowledgment receipt from Vizhinjam Police station dated 27.08.2024 indicates the complaint lodged by the plaintiff.
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
Case between B. Sukumaran Nair vs B. Sugunarajan Nair regarding Permanent prohibitory injunction
Case Code Year
Case between B. Sukumaran Nair vs B. Sugunarajan Nair regarding Permanent prohibitory injunction