Case Summary
Shalu is the plaintiff seeking a permanent prohibitory injunction against the State of Kerala and other defendants to prevent them from encroaching on her property. The case involves issues of property rights and claims of encroachment by Mr. Mohammed Shafi and government officials.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction granted against defendants
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from encroaching on the plaint schedule property. The judgment specified that the decree would not prevent revenue officials from taking necessary actions if legally required.
Why Plaintiff Won:
The court found the plaintiff's apprehension of encroachment genuine based on the presented evidence.
The court found the plaintiff's apprehension of encroachment genuine based on the presented evidence.
Losing Side's Weaknesses:
The court found the plaintiff's apprehension of encroachment genuine based on the presented evidence.
The court found the plaintiff's apprehension of encroachment genuine based on the presented evidence.
Supporting Evidence
From the oral and documentary evidence adduced by the plaintiff, this court is satisfied that the apprehension raised by the plaintiff is genuine. So the plaintiff is entitled to get a decree in her favour.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from encroaching into plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shalu
- Party Age
- 34
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Tahasildar
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Village Officer
- Relation
- Represented by
Plaintiffs Documents
Settlement deed No.703/14 dated 17.06.2014, Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. S. Vinod
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Niyas. A. Salam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted in favour of the plaintiff.
Evidence:
So the plaintiff is entitled to get a decree in her favour.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
From Ext. A1 it is evident that plaintiff is the absolute owner of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The plaintiff presented tax receipt as proof of tax payment for the property.
Reference:
Ext.A2
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
The judgment in O.S. 265/2015 was used to establish the plaintiff's previous injunction against encroachment.
Reference:
Ext.A3
Document Type:
Representation Copy
Submitted By:
Plaintiff
Relevance:
The plaintiff submitted this document to demonstrate communication with the defendants.
Reference:
Ext.A4
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
The decree from O.S. 265/2015 supported the plaintiff's right to maintain her property's boundary.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Unauthorized occupation
Case Code
Case between Shalu vs State of Kerala et al regarding granting a decree of permanent prohibitory injunction
Case Code Year
Case between Shalu vs State of Kerala et al regarding granting a decree of permanent prohibitory injunction