Case Summary
The plaintiff, Sujith K.M., is seeking a permanent prohibitory injunction against the defendants, P. Chandramathi @ Chandrika and P. Baburajan, to prevent them from trespassing into his property. The defendants are alleged to have attempted to construct a way through the plaintiff's land.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed by the court as it was found to be barred by the principles of res judicata due to previous judgments involving the same parties and issues.
Key Reasoning:
The suit was dismissed on the grounds of res judicata as similar matters were already adjudicated in earlier suits.
The suit was dismissed on the grounds of res judicata as similar matters were already adjudicated in earlier suits.
Why Defendant Won:
The suit was dismissed on the grounds of res judicata as similar matters were already adjudicated in earlier suits.
The suit was dismissed on the grounds of res judicata as similar matters were already adjudicated in earlier suits.
Supporting Evidence
Therefore, the judgment and decree in AS 155/2020 passed by the second Additional District Court Kozhikode is binding on plaintiff and the defendants.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sujith K.M.
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P. Chandramathi @ Chandrika
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P. Baburajan
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Jenmam assignment deed No.846/2014, Land Tax receipt
Defendants Documents
Copy of the plaint in OS 276/2016, Certified copy of deposition of PW1 in OS 276/2016
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Rajmohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shajee K.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- G.Manoharlal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amrutha Bindu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought a perpetual injunction to restrain defendants from trespassing.
Evidence:
This court finds that the plaintiff is not entitled to a decree for perpetual injunction.
Documents & Evidence
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Proves plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows the plaintiff has been paying land tax for A schedule property.
Reference:
Ext.A2
Document Type:
Registration copy of jenmam assignment deed
Submitted By:
Defendant
Relevance:
Pertains to the title of plaint B schedule property owned by the defendant.
Reference:
Ext.A3
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Judgment in previous suit OS 276/2016.
Reference:
Ext.A4
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Decree in previous suit OS 276/2016.
Reference:
Ext.A5
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Judgment in appeal AS 155/2018.
Reference:
Ext.A6
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Decree in appeal AS 155/2018.
Reference:
Ext.A7
Document Type:
Copy of the plaint
Submitted By:
Defendant
Relevance:
Plaint in previous suit OS 276/2016.
Reference:
Ext.B1
Document Type:
Certified copy of deposition
Submitted By:
Defendant
Relevance:
Deposition of plaintiff in OS 276/2016.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports from the commissioner about property boundaries.
Reference:
Ext.C1 (series)
Document Type:
Commission sketch
Submitted By:
Court
Relevance:
Sketches submitted by the commissioner.
Reference:
Ext.C2 (series)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Sujith K.M. vs P. Chandramathi @ Chandrika et al regarding permanent prohibitory injunction
Case Code Year
Case between Sujith K.M. vs P. Chandramathi @ Chandrika et al regarding permanent prohibitory injunction