Case Summary
Rosemary is the plaintiff claiming permanent prohibitory injunction against her brother George. The case revolves around the ownership and potential trespassing of the plaint schedule property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant is restrained from trespassing on the plaint schedule property and from disturbing the plaintiff's possession.
Why Plaintiff Won:
The plaintiff proved her case through unchallenged evidence and affidavits.
The plaintiff proved her case through unchallenged evidence and affidavits.
Losing Side's Weaknesses:
The plaintiff proved her case through unchallenged evidence and affidavits.
The plaintiff proved her case through unchallenged evidence and affidavits.
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) The defendant and his men are restrained by a decree of permanent prohibitory injunction from trespassing upon the plaint schedule property and from destroying the rubber trees...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rosemary
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- George
- Party Age
- 64
- Relation
- D/o
Plaintiffs Documents
Settlement Deed No.91/2011, Copy of Tax receipt issued village officer, Possession certificate issued village officer
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sreeraj.P.N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant restrained from trespassing upon the plaint schedule property.
Evidence:
The defendant and his men are restrained by a decree of permanent prohibitory injunction from trespassing upon the plaint schedule property and from destroying the rubber trees.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff can realize costs of the suit from the defendant.
Evidence:
The plaintiff can realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proved the plaintiff's title to the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supplemented evidence of the plaintiff's ownership and possession.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Validated the plaintiff's current possession of the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided necessary findings regarding the property in dispute.
Reference:
Ext.C1
Document Type:
Sketch by Commissioner
Submitted By:
Court
Relevance:
Illustrated the boundaries and conditions of the property.
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
Case Code
Case between Rosemary vs George regarding permanent prohibitory injunction
Case Code Year
Case between Rosemary vs George regarding permanent prohibitory injunction