Case Summary
The plaintiffs, Dr. Yamuna Prasad and Dr. Asha Prasad, sought a permanent prohibitory injunction against the defendants, the PRS Krishna Apartment and its Secretary, Sajith S. Pillai. The case involves a dispute over the operation of a clinic by the plaintiffs and the defendants' attempts to remove signage related to the clinic.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from removing or interfering with the plaintiffs' signage.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs a permanent prohibitory injunction against the defendants, preventing them from removing or interfering with the plaintiffs' signage related to their clinic.
Why Plaintiff Won:
The plaintiffs established their case warranting the relief sought for based on uncontroverted testimony and supporting documents.
The plaintiffs established their case warranting the relief sought for based on uncontroverted testimony and supporting documents.
Losing Side's Weaknesses:
The plaintiffs established their case warranting the relief sought for based on uncontroverted testimony and supporting documents.
The plaintiffs established their case warranting the relief sought for based on uncontroverted testimony and supporting documents.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A5 documents and Ext.C1 commission report, the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs as follows: The defendants and their men or anybody acting under the defendants from removing or dismantling or shifting or damaging or doing any act detrimental to the plaint 'B' schedule Boards and also to restrain the defendants form obstructing in placing any other Boards/hoarding/banner in the plaint 'A' schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Yamuna Prasad
- Party Age
- 43
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Dr. Asha Prasad
- Party Age
- 71
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- PRS Krishna Apartment and Commercial Space Owners Welfare Association
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Sajith S. Pillai
- Party Age
- 49
- Relation
- Secretary
Plaintiffs Documents
Certified copy of published deed (Deed Of Partition), PRS Krishna Apartment And Commercial Space Owners Association, Advocate Notice, T/P Advertisement License Fee Receipt 2024-25, Certificate Lifte and OS License
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.K Rajeev Punnapuram
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from interfering with the plaint B schedule Boards.
Evidence:
Hence the point is answered in the affirmative. In the result, the suit decreed with costs as follows: The defendants and their men or anybody acting under the defendants from removing or dismantling or shifting or damaging or doing any act detrimental to the plaint 'B' schedule Boards.
Documents & Evidence
Document Type:
Deed Of Partition
Submitted By:
Plaintiff
Relevance:
Certified copy of published deed related to the partition executed by the plaintiffs.
Reference:
Ext.A1
Document Type:
Association Document
Submitted By:
Plaintiff
Relevance:
Document pertaining to the PRS Krishna Apartment And Commercial Space Owners Association.
Reference:
Ext.A2
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by the advocate in relation to the disputes over the plaint B schedule Boards.
Reference:
Ext.A3
Document Type:
Advertisement License Fee Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for advertisement license fee for the year 2024-25.
Reference:
Ext.A4
Document Type:
Advertisement License Fee Receipt
Submitted By:
Plaintiff
Relevance:
Another receipt for advertisement license fee for the year 2024-25.
Reference:
Ext.A4(a)
Document Type:
OS License Certificate
Submitted By:
Plaintiff
Relevance:
Certificate related to the OS license for the clinic.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report marked as evidence in the case.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Unauthorized occupation
Case Code
Case between Dr. Yamuna Prasad vs PRS Krishna Apartment and Commercial Space Owners Welfare Association regarding permanent prohibitory injunction
Case Code Year
Case between Dr. Yamuna Prasad vs PRS Krishna Apartment and Commercial Space Owners Welfare Association regarding permanent prohibitory injunction