Case Summary
The plaintiffs Madhavi, Ajitha, Ajayan, Anitha, Ashalatha, and Amitha are seeking a permanent prohibitory injunction against the defendants Ragini, Rahul, Rekha, and others to prevent trespass on their property. The case revolves around property rights and possession over the disputed land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule properties.
Case Type
Civil Suit
Final Judgment
No
The plaintiffs succeeded in their suit for a permanent prohibitory injunction. The court restrains the defendants from trespassing, taking forcible possession, and interfering with the plaintiffs' properties.
Why Plaintiff Won:
The plaintiffs successfully proved their possession of the property.
The plaintiffs successfully proved their possession of the property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It is to be seen that there is no dispute as to possession and right over plaint schedule item No.1 of property by the plaintiffs. The main dispute revolves around plaint schedule item No.2 of the property. The plaintiffs contend that they have got possession over plaint schedule item No.2 property wherein the defendants would allege that plaintiffs do not have any right and possession over plaint schedule item No.2 property.
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 properties and from taking forcible possession of the same, committing wastes and interfering with the possession of the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Madhavi
- Party Age
- 70
- Relation
- W/o. Late Thottiyil Madhavan
- Party Role
- Plaintiff
- Party Name
- Ajitha
- Party Age
- 46
- Relation
- D/o.late Thottiyil Madhavan
- Party Role
- Plaintiff
- Party Name
- Ajayan
- Party Age
- 44
- Relation
- S/o.late Thottiyil Madhavan
- Party Role
- Plaintiff
- Party Name
- Anitha
- Party Age
- 42
- Relation
- D/o.late Thottiyil Madhavan
- Party Role
- Plaintiff
- Party Name
- Ashalatha
- Party Age
- 40
- Relation
- D/o.late Thottiyil Madhavan
- Party Role
- Defendant
- Party Name
- Ragini
- Party Age
- 60
- Relation
- W/o.late Variyamkandiyil Raghavanunni
- Party Role
- Defendant
- Party Name
- Rahul
- Party Age
- 28
- Relation
- S/o.late Variyamkandiyil Raghavanunni
- Party Role
- Defendant
- Party Name
- Rekha
- Party Age
- 25
- Relation
- D/o.late Variyamkandiyil Raghavanunni
- Party Role
- Defendant
- Party Name
- Variyamkandiyil Baburaj
- Party Age
- 55
- Relation
- Died
- Party Role
- Defendant
- Party Name
- Sunitha
- Relation
- W/o. Baburaj
Plaintiffs Documents
Land tax receipts, Possession certificates, Original licence and plan, Joint right assignment Deed.
Defendants Documents
Certified copy of order in A.A 56/2001 of Appellate Authority (LR) Kannur, Certified copy of order in CRP 769/2005 dated 01.03.2011 of Hon’ble High Court of Kerala.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- E.M.Prakashan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N.K.Viswanathan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing into the plaint schedule properties.
Evidence:
The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule properties.
Relief Type:
Mandatory Injunction
Outcome:
Rejected
Description:
The defendants requested to demolish alleged unauthorized constructions.
Evidence:
The counter claim is dismissed.
Documents & Evidence
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of ownership and possession of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of ownership and possession of the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of ownership and possession of the property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of ownership and possession of the property.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of ownership and possession of the property.
Reference:
Ext.A5
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Evidence of possession of the property.
Reference:
Ext.A6
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Evidence of possession of the property.
Reference:
Ext.A7
Document Type:
Original Licence and Plan
Submitted By:
Plaintiff
Relevance:
Evidence of construction and use of the bathroom and latrine.
Reference:
Ext.A8
Document Type:
Plan
Submitted By:
Plaintiff
Relevance:
Evidence of construction and use of the bathroom and latrine.
Reference:
Ext.A8(a)
Document Type:
Joint Right Assignment Deed
Submitted By:
Plaintiff
Relevance:
Support for the plaintiffs' claim over the property.
Reference:
Ext.A9
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Evidence of ownership of the property.
Reference:
Ext.A10
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Evidence of ownership of the property.
Reference:
Ext.A11
Document Type:
Certified copy of Order
Submitted By:
Defendant
Relevance:
Evidence supporting the defendants' counter claim.
Reference:
Ext.B1
Document Type:
Certified copy of Order
Submitted By:
Defendant
Relevance:
Evidence supporting the defendants' counter claim.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Evidence regarding the actual possession of the property.
Reference:
Ext.C1
Document Type:
Commissioners plan
Submitted By:
Court
Relevance:
Evidence regarding the actual possession and layout of the property.
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 Madhavi et al vs Ragini et al regarding permanent prohibitory injunction
Case Code Year
Case between Madhavi et al vs Ragini et al regarding permanent prohibitory injunction