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
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.
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.
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