Case Summary
This case involves Aby and others as plaintiffs against T. M Avarachan regarding the violation of a decree. The plaintiffs claim that the defendant trespassed into their property and installed a motor and pipeline.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to remove encroachment and restore property.
Case Type
Execution Petition
Final Judgment
No
Why Plaintiff Won:
The court found clear evidence of violation of the decree.
The court found clear evidence of violation of the decree.
Judgment Evidence:
It is found that the judgment debtor has trespassed into the counter-claim schedule property in violation of the decree. The judgment debtor is directed to remove the encroachment shown as Plot “A” in the Commissioner’s plan.
Parties Involved
Plaintiffs
Aby (Age not specified years)
Kallittikuzhy House, Vengoor Kara, Vengoor Village, Kunnathunadu Taluk.
Geevarghese (Age not specified years)
Kallittikuzhy House, Vengoor Kara, Vengoor Village, Kunnathunadu Taluk.
Mary (Age not specified years)
Kallittikuzhy House, Vengoor Kara, Vengoor Village, Kunnathunadu Taluk.
Defendants
T. M Avarachan (Age not specified years)
Thekkumkudy House, Edathuruthu Bhagam, Vengoor Kara, Vengoor, Village, Kunnathunadu Taluk.
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The judgment debtor is directed to remove the encroachment and restore the property to its original position.
Evidence:
The judgment debtor is directed to remove the encroachment shown as Plot “A” in the Commissioner’s plan and restore the said portion of the counter-claim schedule property to its original position as reflected in the trial-stage commission reports.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The judgment debtor is further directed to remove the motor and pipeline installed in the counter-claim schedule property.
Evidence:
The judgment debtor is further directed to remove the motor and pipeline installed in the counter-claim schedule property.
Documents & Evidence
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
The court used the commissioner's reports and plans to identify the counter-claim schedule property and assess the violation of the decree.
Reference:
Ext.C1, Ext.C2, Ext.C2(a), Ext.C2(b)