Case Summary
The plaintiff, Alias, claims ownership of a property and seeks to prevent the defendants from encroaching upon it and to recover damages for tree removal. The defendants contest the plaintiff's ownership, claiming the property is dedicated to a deity.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction, Rs.50000/- for damages, removal of unlawful construction.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants regarding the plaint A schedule property and ordered them to pay damages.
Why Plaintiff Won:
The plaintiff's possession of the property remained unchallenged as the defendants did not appear for cross-examination.
The plaintiff's possession of the property remained unchallenged as the defendants did not appear for cross-examination.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of the plaintiff remains unchallenged since he was not cross examined by the defendants. So it is clear that the plaintiff is in possession of plaint schedule property...
Judgment Evidence:
In the result, the suit is decreed as follows. 1) The defendant and his men are restrained by a decree of permanent prohibitory injunction from trespassing in the plaint A schedule property...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alias
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mathukutty
- Party Age
- 54
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kerala Kshethra Samrakshana Samithi 142/77
- Party Age
- 30
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Kerala Kshethra Samrakshana Samithi 142/77
- Party Age
- 26
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Thankappan
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sujesh @ Unni
- Party Age
- 30
- Party Role
- Defendant
- Party Name
- Prajeesh
- Party Age
- 26
Plaintiffs Documents
Power of attorney dated 25.07.2016, Partition Deed No.3450/1962 of Aikkaranadu S.R.O, Settlement Deed No.837/1981 of Puthencruz S.R.O, Settlement Deed No.3053/2006 of Puthencruz S.R.O, Tax receipt issued by Aikkaranadu North Village, Possession Certificate issued by Aikkaranadu North Village.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Babu T Cherian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.S.Gopalakrishnan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sibu George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.P.Johny
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jayasankar G
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- E.N.Jayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.Y Saju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.M.Dolgove
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from trespassing on the plaintiff's property.
Evidence:
The defendant and his men are restrained by a decree of permanent prohibitory injunction from trespassing in the plaint A schedule property.
Relief Type:
Damages
Outcome:
Granted
Description:
Awarding damages to the plaintiff for losses incurred due to the defendants' actions.
Evidence:
The defendants are directed to pay an amount of Rs.50000/- to the plaintiff towards the loss due to the cutting and removal of trees.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to remove unauthorized structures from the property.
Evidence:
The defendants are directed to remove the foundation made of laterite stone and the stone statue and metallic lamp on it.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document establishing the plaintiff's authority in the case.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Document establishing ownership and possession of the property in dispute.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Document supporting the plaintiff's claim of ownership.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Further evidence of ownership related to the property.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proof of property tax payment establishing the plaintiff's connection to the property.
Reference:
Ext.A5
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Document confirming the plaintiff's possession of the property.
Reference:
Ext.A6
Document Type:
Commission Reports
Submitted By:
Court
Relevance:
Reports filed by the commissioner detailing the property status.
Reference:
Exts.C1, C1(a), C2, C3, C3(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Unauthorized occupation
Case Code
Case between Alias vs Kerala Kshethra Samrakshana Samithi et al regarding Permanent Prohibitory Injunction, recovery of money and mandatory injunction.
Case Code Year
Case between Alias vs Kerala Kshethra Samrakshana Samithi et al regarding Permanent Prohibitory Injunction, recovery of money and mandatory injunction.