Case Summary
N.S. Rajesh kumar is the plaintiff asserting ownership over a property and seeking to prevent Leela from trespassing. The defendant allegedly began demolishing the plaintiff's boundary wall without permission.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is passed restraining the defendant and their henchmen not to trespass in the plaint schedule property.
Case Type
Injunction
Final Judgment
No
The court decreed a permanent prohibitory injunction against Leela, preventing her from trespassing on the plaintiff's property.
Why Plaintiff Won:
The plaintiff established his case warranting the grant of relief sought for through uncontroverted testimony.
The plaintiff established his case warranting the grant of relief sought for through uncontroverted testimony.
Losing Side's Weaknesses:
The plaintiff established his case warranting the grant of relief sought for through uncontroverted testimony.
The plaintiff established his case warranting the grant of relief sought for through uncontroverted testimony.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A5 documents the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs as follows: A permanent prohibitory injunction is passed restraining the defendant and their henchmen not to trespass in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N.S. Rajesh kumar
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Leela
- Party Age
- 65
- Relation
- D/o
Plaintiffs Documents
Nil Certified copy of settlement Deed No. 122/2000, Certified copy Sale Deed N0. 524/2020, Original Tax receipt, Copy of Complaint to police Station
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Darshan. J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction restraining the defendant from trespassing on the plaint schedule property.
Evidence:
In the result, the suit decreed with costs as follows: 1. A permanent prohibitory injunction is passed restraining the defendant and their henchmen not to trespass in the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realize the cost of the suit from the defendants.
Evidence:
2. The plaintiff is allowed to realise the cost of the suit from the defendants.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The document confirms the plaintiff's purchase of the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The document shows the plaintiff has levied tax on the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The document is another tax receipt related to the property.
Reference:
Ext.A3(a)
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
The document is subject to proof and relates to the property in question.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
The document evidences the plaintiff's complaint against the defendant's actions.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The document provides insights from the commission appointed by the court.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
The document illustrates the layout of the property in dispute.
Reference:
Ext.C1(a)
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between N.S. Rajesh kumar vs Leela regarding injunction
Case Code Year
Case between N.S. Rajesh kumar vs Leela regarding injunction