Case Summary
The plaintiff, Jai Ganesh, a Non-Resident Indian, seeks a permanent prohibitory injunction against his sister Rajeswari and her husband V. Subash due to ongoing harassment and attempts to illegally acquire parental property after their parents' demise. The court hears the case ex-parte as the defendants did not appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual restraint from entering the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from entering the plaint schedule property.
Why Plaintiff Won:
The plaintiff established lawful ownership and peaceful possession of the property, demonstrating ongoing harassment and unlawful acts by the defendants.
The plaintiff established lawful ownership and peaceful possession of the property, demonstrating ongoing harassment and unlawful acts by the defendants.
Losing Side's Weaknesses:
The plaintiff established lawful ownership and peaceful possession of the property, demonstrating ongoing harassment and unlawful acts by the defendants.
The plaintiff established lawful ownership and peaceful possession of the property, demonstrating ongoing harassment and unlawful acts by the defendants.
Supporting Evidence
The court finds that the plaintiff has established a prima facie case by demonstrating lawful ownership and peaceful possession of the plaint schedule property along with his wife and minor child.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) Let the defendants 1 and 2 and their agents be perpetually restrained from entering the plaint schedule property or committing any acts, that may interfere with or hamper the peaceful enjoyment and possession of the plaint schedule property by the plaintiff and his family.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jai Ganesh
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Aswathy. S.R
- Party Age
- 36
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rajeswari
- Party Age
- 44
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- V. Subash
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Original Sale Deed No. 4496/2007, Digital copy of the building tax receipt, Digital copy of the land tax receipt, Original Power of Attorney
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anithas Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Arun Chandran A. K
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gayathri. S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Govinda B.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kiran Kumar. S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Varsha. B
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought a permanent injunction against the defendants from entering the plaint schedule property.
Evidence:
Let the defendants 1 and 2 and their agents be perpetually restrained from entering the plaint schedule property or committing any acts, that may interfere with or hamper the peaceful enjoyment and possession of the plaint schedule property by the plaintiff and his family.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original Sale Deed proving plaintiff's lawful ownership of the property.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Digital copy of the building tax receipt in the name of the plaintiff, supporting his claim of property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Digital copy of the land tax receipt related to the plaint schedule property.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original Power of Attorney allowing Aswathy S.R to represent 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 Jai Ganesh vs Rajeswari et al regarding permanent prohibitory injunction
Case Code Year
Case between Jai Ganesh vs Rajeswari et al regarding permanent prohibitory injunction