Case Summary
The plaintiff, Sarada, filed a suit against the defendant, Deepthi, seeking a permanent prohibitory injunction to prevent trespassing into her property. The court ruled on the counterclaim filed by the defendant.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
A permanent prohibitory injunction is granted in favor of the counterclaim plaintiff.
Case Type
Original Counter Claim
Final Judgment
No
The court dismissed the suit for default but decreed the counterclaim in favor of the defendant. A permanent prohibitory injunction was granted, preventing the defendant from encroaching on the counterclaim schedule property.
Key Reasoning:
The counterclaim plaintiff established her case through unchallenged oral and documentary evidence.
The counterclaim plaintiff established her case through unchallenged oral and documentary evidence.
Why Defendant Won:
The counterclaim plaintiff established her case through unchallenged oral and documentary evidence.
The counterclaim plaintiff established her case through unchallenged oral and documentary evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the counterclaim plaintiff, she has established her case.
Judgment Evidence:
In the result, the suit is dismissed for default. The counterclaim is decreed as follows: 1. It is hereby declared that the counterclaim plaintiff is the absolute owner in possession of the counterclaim schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sarada
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Deepthi
- Party Age
- 24
- Relation
- D/o
Plaintiffs Documents
Certified copy of Settlement deed No 905/2006 of dated 27/3/2006, Original Tax receipt dated 30/4/2013, Attested copy of PATTA LA II 37/76
Defendants Documents
NIL
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.B. Vijayan Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Thattathumala . S. Anilkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted in favour of the counterclaim plaintiff.
Evidence:
A permanent prohibitory injunction is granted in favour of the counterclaim plaintiff and the counterclaim defendant is restrained from encroaching into the counterclaim schedule property and committing any kind of act of waste therein.
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the counterclaim plaintiff is the absolute owner in possession of the counterclaim schedule property.
Evidence:
It is hereby declared that the counterclaim plaintiff is the absolute owner in possession of the counterclaim schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement deed indicating ownership of the counterclaim schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original Tax receipt demonstrating payment of property taxes.
Reference:
Ext.A2
Document Type:
Patta
Submitted By:
Plaintiff
Relevance:
Attested copy of PATTA confirming ownership of the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by the Advocate Commissioner providing details of the property.
Reference:
Ext.C1
Document Type:
Commission Survey Plan
Submitted By:
Court
Relevance:
Commission Survey Plan prepared to illustrate the boundaries of the properties.
Reference:
Ext.C1(a)
Case Classification
Case Type
Original Counter Claim
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
OS
Case Code Year
2024