Jayaprakash v. Gopalraj
Case brief
What is this about?
This court allowed a regular second appeal in part against a decree dismissing a trespass suit. The court modified the First Appellate Court's decree to grant a permanent prohibitory injunction regarding a specific portion of land (Item No.1) but dismissed the appeal regarding land scheduled as a burial ground and rejected an injunction against State officials exercising statutory powers.
What did the court decide?
Permanent prohibitory injunction granted against trespass in respect of plaint schedule Item No.1 property; injunction against State officials entering property rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940
RSA.No. 375 of 2004 (C)
AGAINST THE JUDGMENT AND DECREE DATED 19.11.2003 IN AS No.58/1999 of DISTRICT COURT, PALAKKAD
AGAINST THE JUDGMENT AND DECREE DATED 25.11.1998 IN OS No. 237/1993 of PRL.MUNSIFF COURT, PALAKKAD
APPELLANT/RESPONDENT/PLAINTIFF:
JAYAPRAKASH, S/o C.K.KUNJU, RESIDING AT CHEERAMKOTTU KALAM, KARUGODI, VADAKKANTHARA AMSOM, PALAKKAD TALUK.
BY ADVS.SRI.T.SETHUMADHAVAN (SR.)
SMT.G.GEETHISHA
Issues for consideration
2 issues framed by the court
Whether the decree of the First Appellate Court dismissing the suit in entirety for trespass should be modified regarding plaint schedule Item No.1 property.
Whether a permanent prohibitory injunction can be granted against the State Government entering property in exercise of statutory powers.
Parties & counsel
- appellant
JAYAPRAKASH
- respondent
KERALA STATE
Coram
P.SOMARAJAN
Case details
As recorded by the court registry
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