Case Summary
The plaintiff, Meera P.S., is seeking a permanent prohibitory injunction against the defendants, who allegedly attempted to trespass and cut a drain through her property. The defendants failed to appear in court, leading to an ex parte proceeding.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing and disturbing the plaintiff’s possession.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff a permanent prohibitory injunction, preventing the defendants from trespassing on her property. The defendants were found to have no right to disturb the plaintiff's ownership and enjoyment of the property.
Why Plaintiff Won:
The plaintiff established her ownership and right to enjoy the property through unchallenged evidence.
The plaintiff established her ownership and right to enjoy the property through unchallenged evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the uncontroverted testimony of PW1 and Ext.A1 and A2, the plaintiff had established her case warranting the grant of reliefs sought for.
Judgment Evidence:
In the result, the suit decreed with costs as follows: The defendants and their agents are restrained by a decree of prohibitory injunction from trespassing and encroaching into the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Meera P.S.
- Party Age
- 49
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Prasad
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajeevan
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Baiju
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sulfeekar
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Will deed No.III/32/02 of Thiruvallam SRO dated 27/05/2002, Property tax receipt dated 03/04/2025
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. R.S.Anoop Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against the defendants from trespassing and disturbing the plaintiff's possession.
Evidence:
The defendants and their agents are restrained by a decree of prohibitory injunction from trespassing and encroaching into the plaint schedule property and committing waste therein and cutting open a new drain through the same and from disturbing the plaintiff’s peaceful possession and enjoyment over the plaint schedule property.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff is paying land tax for the plaint schedule property.
Reference:
Ext.A2
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 Meera P.S. vs Prasad et al regarding permanent prohibitory injunction
Case Code Year
Case between Meera P.S. vs Prasad et al regarding permanent prohibitory injunction