Case Summary
Vanitha Sureshbabu Thilak filed a suit against Babu Chettiyar and others for a permanent prohibitory injunction to prevent them from demolishing her compound wall and causing waste on her property. The plaintiff alleges harassment and obstruction from the defendants, which poses a risk to her safety and property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants 1 and 2 and their henchmen be perpetually restrained from demolishing the compound and from committing waste on the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff by preventing the defendants from damaging her property and ordering them to bear the costs of the suit. The plaintiff's ownership and right to protect her property were upheld.
Why Plaintiff Won:
The plaintiff established her ownership of the property and the necessity for the injunction to prevent damage.
The plaintiff established her ownership of the property and the necessity for the injunction to prevent damage.
Losing Side's Weaknesses:
The plaintiff established her ownership of the property and the necessity for the injunction to prevent damage.
The plaintiff established her ownership of the property and the necessity for the injunction to prevent damage.
Supporting Evidence
The evidence provided by PW1 including both oral testimony and documentary proof establishes PW1’s ownership of the plaint schedule property. It is well-established in law that every property owner has the right to protect their property from unlawful encroachments or damages caused by others.
Judgment Evidence:
In the result; the suit is decreed as follows: (a) Let defendants 1 and 2 and their henchmen be perpetually restrained from demolishing the compound situated on the southwestern side of the plaint schedule property and from committing waste on the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vanitha Sureshbabu Thilak
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Babu Chettiyar
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajendra Babu
- Party Age
- 55
- Relation
- H/o
- Party Role
- Defendant
- Party Name
- Shaji Sukumaran
- Party Age
- 62
Plaintiffs Documents
Attested copy of the settlement deed No. 262/2011, Copy of the land tax receipt, Copy of the complaint filed before the Revenue Divisional Officer
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Anil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anoop. A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Geethika.R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gayathri A.P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Aswathy Rajendran P.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Injunction against the defendants restraining them from demolishing the compound and committing waste on the property.
Evidence:
In the result; the suit is decreed as follows: (a) Let defendants 1 and 2 and their henchmen be perpetually restrained from demolishing the compound situated on the southwestern side of the plaint schedule property and from committing waste on the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Entitlement of the plaintiff to recover the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendants 1 and 2 and their assets.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Attested copy of the settlement deed establishing the plaintiff's ownership of the property in question.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of the land tax receipt verifying the plaintiff's ownership related to the property.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint filed before the Revenue Divisional Officer documenting the issues faced by the plaintiff.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2023