Case Summary
The plaintiff, Sony.V.G, is seeking a permanent prohibitory injunction against the defendants, Azhakamma. P and Saboora Beevi, who have allegedly trespassed and illegally constructed on her property. The plaintiff claims ownership of the property based on a settlement deed and power of attorney.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A permanent prohibitory injunction is granted in favor of the plaintiff.
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 plaintiff's property. No order as to costs was made.
Why Plaintiff Won:
The plaintiff has established her ownership and evidence of trespass by the defendants.
The plaintiff has established her ownership and evidence of trespass by the defendants.
Losing Side's Weaknesses:
The plaintiff has established her ownership and evidence of trespass by the defendants.
The plaintiff has established her ownership and evidence of trespass by the defendants.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff, the plaintiff has established her case.
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 the plaint schedule property and disturbing the peaceful possession and enjoyment of the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sony.V.G
- Party Age
- 43
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Azhakamma. P
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Saboora Beevi
- Party Age
- 37
- Relation
- W/o
Plaintiffs Documents
Copy of Settlement deed No. 607/2014, Tax receipt No. KL01060901790/2018, Certified copy of Thandapper Account, Certified copy of general power of attorney, Certificate of Encumbrance, Copy of legal notice, Copy of reply notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Deepak Twinkle Sanal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted in favour of the plaintiff and the defendants are restrained from encroaching into the plaint schedule property and disturbing the peaceful possession and enjoyment of the plaintiff.
Evidence:
So the plaintiff is entitled to get a decree of permanent prohibitory injunction.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Copy of Settlement deed No. 607/2014 of Navaikulam SRO.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipts No. KL01060901790/2018 of Village Office, Navaikulam.
Reference:
Ext.A2
Document Type:
Certified copy of Thandaper Account
Submitted By:
Plaintiff
Relevance:
Certified copy of Thandapper Account No. 14047 of Village Office, Navaikulam in OS 68/2023 of Munsiff Court, Varkala.
Reference:
Ext.A3
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
Copy of General Power of Attorney No. 2986/19-19-2019.
Reference:
Ext.A4
Document Type:
Certificate of Encumbrance
Submitted By:
Plaintiff
Relevance:
Certificate of Encumbrance on property for the period from 01-01-2018 to 31-12-2021, issued by SRO, Navaikulam.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice.
Reference:
Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Copy of reply notice.
Reference:
Ext.A7
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 Sony.V.G vs Azhakamma. P et al regarding permanent prohibitory injunction.
Case Code Year
Case between Sony.V.G vs Azhakamma. P et al regarding permanent prohibitory injunction.