Case Summary
The plaintiffs, comprising members of the family of Late Suresh Babu, filed a suit against the defendants for a permanent prohibitory injunction to prevent interference in their property. The plaintiffs sought legal redress against the defendants who were obstructing the construction of a compound wall around their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favor of the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court granted a decree of permanent prohibitory injunction in favor of the plaintiffs, restraining the defendants from trespassing into the plaint schedule property and obstructing the plaintiffs' construction of a compound wall. Costs were not awarded to either party.
Why Plaintiff Won:
The plaintiffs established their case through unchallenged oral and documentary evidence.
The plaintiffs established their case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiffs have established their case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants are restrained from trespassing into plaint schedule property and cutting open a pathway through the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prasobhana
- Party Age
- 54
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Shiji
- Party Age
- 31
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shinu
- Party Age
- 26
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shiju
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shanavas
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prathap
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Baiju
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Archana Das
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sheela
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale deed No. 1249/1989 of SRO, Kadakkavoor, Certified copy of Will deed No. 44/2002 of SRO, Kadakkavoor, Tax receipt No. 1266856 of Anjuthengu Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Smart
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. S.V. Shinu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction was granted in favor of the plaintiffs.
Evidence:
The plaintiffs are entitled to get a decree of permanent prohibitory injunction as prayed for.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from obstructing the construction of boundary wall by the plaintiffs.
Evidence:
The defendants are further restrained from obstructing the construction of boundary wall by the plaintiffs in the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' right to the property as it shows the purchase by Mr. Suresh Babu.
Reference:
Ext.A1
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
This document indicates that the property was bequeathed to the plaintiffs, confirming their ownership.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document provides a factual basis for the court's findings regarding the property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This document visually supports the commission report related to the plaint schedule property.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document further substantiates the court's decision through additional findings.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Prasobhana et al vs Shanavas et al regarding permanent prohibitory injunction
Case Code Year
Case between Prasobhana et al vs Shanavas et al regarding permanent prohibitory injunction