Case Summary
Raman is the plaintiff seeking a permanent prohibitory injunction against Thanka and Abhinand. The defendants are allegedly attempting to claim ownership over the property of the plaintiff, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants. The defendants are restrained from trespassing into the plaintiff's property and must pay court costs.
Why Plaintiff Won:
The court found sufficient evidence of ownership and possession by the plaintiff over the disputed property.
The court found sufficient evidence of ownership and possession by the plaintiff over the disputed property.
Losing Side's Weaknesses:
The court found sufficient evidence of ownership and possession by the plaintiff over the disputed property.
The court found sufficient evidence of ownership and possession by the plaintiff over the disputed property.
Supporting Evidence
The ownership of the plaintiff over the plaint schedule property is proved by the unchallenged oral testimony of the PW1 and the documents produced.
Judgment Evidence:
In the result, the suit is decreed as follows: 1)The defendants their men and agents are restrained by way of permanent prohibitory injunction from trespassing into the plaint A schedule property, forming a way through the same, committing waste therein, obstructing the plaintiff from taking yields from the plaint A schedule property and obstructing construction of the pump house in the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Raman
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thanka
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Abhinand
- Party Age
- 20
- Relation
- S/o
Plaintiffs Documents
Partition deed No.2850/1986, Settlement deed No.626/2000, Land tax receipt dated 17.11.2021
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. Shaju George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Dhanya Kothoor
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into the plaint A schedule property and obstructing the plaintiff's activities.
Evidence:
The suit is decreed as follows: The defendants their men and agents are restrained by way of permanent prohibitory injunction from trespassing into the plaint A schedule property...
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants shall pay costs of the proceedings to the plaintiff.
Evidence:
I find no reason to deviate from the same.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proves title and possession over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves title and possession over the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proves title and possession over the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court exhibit supporting the case.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Court exhibit supporting the case.
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 Raman vs Thanka et al regarding permanent prohibitory injunction
Case Code Year
Case between Raman vs Thanka et al regarding permanent prohibitory injunction