Case Summary
The case involves Padmavathi, who is seeking a declaration that a certain property belongs to her and a permanent prohibitory injunction against the defendants. The defendants are accused of trying to make forged claims on the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from trespassing and creating forged documents regarding the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the property in question belongs to the plaintiff and issued an injunction against the defendants to prevent any further claims.
Why Plaintiff Won:
The plaintiff proved her ownership of the property through documents and evidence.
The plaintiff proved her ownership of the property through documents and evidence.
Losing Side's Weaknesses:
The plaintiff proved her ownership of the property through documents and evidence.
The plaintiff proved her ownership of the property through documents and evidence.
Supporting Evidence
The evidence of PW1 and the documents produced by her remains unchallenged. As such, I find that the plaintiff had proved her case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1) It is hereby declared that item No.6 of property in partition deed of 2671/1992 of Feroke SRO belongs to the plaintiff. 2) The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing upon the plaint schedule property and from creating any forged documents in respect of the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Padmavathi, V.K
- Party Age
- 59
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sakunthala.V.K
- Party Age
- 76
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Baby.K.V
- Party Age
- 73
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vijayan.V.K
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vanaja.V.K
- Party Age
- 59
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sudhakaran.V.K
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Certified copy of partition deed No.2671/1992 of Feroke SRO, Certified copy of purchase certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.G.Anoop Narayanan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N.P.Shiga
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that item No.6 of property in partition deed of 2671/1992 of Feroke SRO belongs to the plaintiff.
Evidence:
In the result, the suit is decreed as follows:- 1)It is hereby declared that item No.6 of property in partition deed of 2671/1992 of Feroke SRO belongs to the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are restrained from trespassing upon the plaint schedule property.
Evidence:
2)The defendants and their men are restrained by a decree of permanent prohibitory injunction from trespassing upon the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
3)The plaintiff is entitled to recover the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document was produced to substantiate the plaintiff's claim of ownership over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
This document was produced to substantiate the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Padmavathi, V.K vs Sakunthala.V.K et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Padmavathi, V.K vs Sakunthala.V.K et al regarding declaration and permanent prohibitory injunction