Case Summary
The plaintiffs, K.C.Chandran and B.K.Vasanthakumari, are seeking a permanent prohibitory injunction against the defendants, Sudha and Akhil, to prevent them from obstructing access to their property and from damaging a water meter. The defendants have remained exparte throughout the proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants and costs of the suit awarded to the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, granting a permanent prohibitory injunction against the defendants to prevent trespassing and destruction of property.
Why Plaintiff Won:
The plaintiffs proved their case through unchallenged evidence and the need for relief was clearly established.
The plaintiffs proved their case through unchallenged evidence and the need for relief was clearly established.
Losing Side's Weaknesses:
The plaintiffs proved their case through unchallenged evidence and the need for relief was clearly established.
The plaintiffs proved their case through unchallenged evidence and the need for relief was clearly established.
Supporting Evidence
The evidence of PW1 and the documents produced by him remains unchallenged. As such, I find that the plaintiffs had proved their case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1)The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing into plaint B schedule property and from removing or destroying the water meter in plaint B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.C.Chandran
- Party Age
- 78
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- B.K.Vasanthakumari
- Party Age
- 77
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sudha
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Akhil
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Jenm sale deed No.2597/2007, Settlement deed No.47/14, Land Tax Receipt from Chathamangalam Village.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.T.Sreekanth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into plaint B schedule property.
Evidence:
The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing into plaint B schedule property and from removing or destroying the water meter in plaint B schedule property and from annexing plaint B schedule property to the property of the defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to get the costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Jenam Sale Deed
Submitted By:
Plaintiff
Relevance:
Proves the first plaintiff's purchase of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Confirms the settlement of half of the right over plaint A schedule property in favor of the second plaintiff.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of tax payment related to the property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Serves as additional evidence of tax payment related to the property.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Provides further context or communication related to the case.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings relevant to the case presented by the court.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual evidence to support the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between K.C.Chandran et al vs Sudha et al regarding permanent prohibitory injunction
Case Code Year
Case between K.C.Chandran et al vs Sudha et al regarding permanent prohibitory injunction