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OS. No.1521/2022

Case between Adalet vs Johny.C et al regarding property encroachment

Court
IN THE COURT OF I ADDITIONAL MUNSIFF THIRUVANANTHAPURAM
Judge
Smt. Karthika.A.R
Order Date
2025-04-11
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Adalet, is the widow of Late Alkoose and her case involves a dispute over property encroachment by the defendants Johny.C and Sherley Johny. The plaintiff alleges that the defendants have unlawfully constructed a compound wall encroaching upon her property.

Judgment Outcome

Plaintiff Won
Interim Order
The court has granted a permanent prohibitory injunction against the defendants, preventing them from continuing the construction that encroaches upon the plaintiff's property.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants
Case Type
Civil Suit
Final Judgment
No
The court has granted a permanent prohibitory injunction against the defendants, preventing them from continuing the construction that encroaches upon the plaintiff's property.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of encroachment and the blocking of light and air to her property.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of encroachment and the blocking of light and air to her property.
Supporting Evidence
The available evidence thus enables the plaintiff to get the discretionary relief of injunction as there is a prima facie case in favour of the plaintiff and the balance of convenience is in their favour.

Judgment Evidence:

In the result, the petition is allowed. No order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Adalet
Party Age
72
Relation
W/o
Party Role
Defendant
Party Name
Johny.C
Party Age
45
Party Role
Defendant
Party Name
Sherley Johny
Party Age
44
Relation
W/o
Plaintiffs Documents
Copy of the extract of the Thandaper No. 8679, Acknowledgment receipt of complaint issued by Thiruvananthapuram corporation, Copy of stop memo, Complaints made to ISHO Poonthura, Complaints made to village Officer Muttathara, Acknowledgment receipt of petition Poonthura Police Station
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. Lijo Roy.L.D
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Alen. N. Albin
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
C.R. Suresh Kumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The plaintiff requested a permanent prohibitory injunction against the defendants to stop construction.
Evidence:
Hence the injunction already granted is made absolute till the disposal of the suit.

Documents & Evidence

Document Type: Copy of the extract of the Thandaper
Submitted By: Plaintiff
Relevance:
The document establishes the ownership of the property by the plaintiff's late husband.
Reference:
Ext.A1
Document Type: Acknowledgment receipt of complaint issued by Thiruvananthapuram corporation
Submitted By: Plaintiff
Relevance:
This document shows that the plaintiff lodged a complaint regarding the illegal construction.
Reference:
Ext.A2
Document Type: Copy of stop memo
Submitted By: Plaintiff
Relevance:
The document indicates that the corporation issued a stop order against the construction by the defendants.
Reference:
Ext.A3
Document Type: Complaint made to ISHO Poonthura
Submitted By: Plaintiff
Relevance:
The document is a complaint filed by the plaintiff regarding the illegal construction.
Reference:
Ext.A4
Document Type: Complaint made to village Officer Muttathara
Submitted By: Plaintiff
Relevance:
Another complaint made by the plaintiff concerning the encroachment and construction.
Reference:
Ext.A5
Document Type: Acknowledgment receipt of petition Poonthura Police Station
Submitted By: Plaintiff
Relevance:
The document shows that the plaintiff's petitions were officially acknowledged by the police.
Reference:
Ext.A6
Document Type: Commission Report
Submitted By: Court
Relevance:
The report supports the plaintiff's claim regarding the illegal construction and encroachment.
Reference:
Ext.C1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Adalet vs Johny.C et al regarding property encroachment
Case Code Year
Case between Adalet vs Johny.C et al regarding property encroachment

Quick Facts

Location
Thiruvananthapuram
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Case Closed
From
Tue, 04/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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