Case Summary
The plaintiff, Geetha KP, filed a suit against the defendants, Ramesh Babu, Valsan, Ravi, and Surendran K, seeking a permanent prohibitory injunction to prevent them from trespassing on her property and committing acts of waste. The defendants had previously threatened the plaintiff and her husband while attempting to dig on the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and from digging a chal.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, restraining the defendants from trespassing on the plaintiff's property and from committing any acts of waste.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff showed that she was entitled to a decree as prayed for.
The unchallenged evidence of the plaintiff showed that she was entitled to a decree as prayed for.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff showed that she was entitled to a decree as prayed for.
The unchallenged evidence of the plaintiff showed that she was entitled to a decree as prayed for.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A6, C1 & C1(a) would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and from digging a chal and from committing wastes therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Geetha KP
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ramesh Babu
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Valsan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ravi
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Surendran K
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Original Jemam assignment deed No.2944/05, Original jenmam assignment deed No.263/2006, Tax receipt issued by Elathur Village to Geetha, Possession certificate issued by Elathur Village Officer to Geetha KP, Location map No.210/23 issued by Elathur Village Officer, Receipt issued for the complaint filed by Geetha KP.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Premdeep Mahesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.PG Sreejith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are restrained from trespassing into the plaint schedule property and from digging a chal.
Evidence:
In the result, the suit is decreed with costs as follows: The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and from digging a chal and from committing wastes therein.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to get the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Jemam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Original Jemam assignment deed executed by Surendran and Balakrishnan in favour of KP Geetha.
Reference:
Ext.A1
Document Type:
Jemam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Original jemam assignment deed executed by Rajalakshmi and Balakrishnan in favour of KP Geetha.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued by Elathur Village to Geetha.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate issued by Elathur Village Officer to Geetha KP.
Reference:
Ext.A4
Document Type:
Location Map
Submitted By:
Plaintiff
Relevance:
Location map issued by Elathur Village Officer.
Reference:
Ext.A5
Document Type:
Complaint receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued for the complaint filed by Geetha KP before Elathur Police Station.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Advocate Commissioner.
Reference:
Ext.C1
Document Type:
Commission Sketch with Photograph
Submitted By:
Court
Relevance:
Commission sketch with photograph submitted by the court.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Geetha KP vs Ramesh Babu et al regarding permanent prohibitory injunction
Case Code Year
Case between Geetha KP vs Ramesh Babu et al regarding permanent prohibitory injunction