Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No. 693/2024

Case between Aloysious Victor et al vs Aravind B Nair et al regarding boundary measurement and injunction

Court
COURT OF ADDITIONAL MUNSIFF -III
Judge
Smt. Sreelakshmi.C
Order Date
2025-01-16
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The case involves a dispute between Aloysious Victor and Patricia Rany Bhai.M as plaintiffs and Aravind B Nair and Manju P. V as defendants, regarding the fixation of the boundary of a property. The plaintiffs have sought a permanent prohibitory injunction to restrain the defendants from trespassing onto their property.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the application to stay the act of the Taluk Surveyor from refixing the boundaries of the property during the pendency of the suit. The court found that doing so would affect the proceedings.
Judgment Favored
Plaintiff
Relief Granted
Stay on the act of the Taluk Surveyor to refix the boundary of the property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the application to stay the act of the Taluk Surveyor from refixing the boundaries of the property during the pendency of the suit. The court found that doing so would affect the proceedings.
Why Plaintiff Won:
The court determined that measuring the property boundaries by the Taluk Surveyor would interfere with the ongoing proceedings, as the plaintiffs had already sought similar relief.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The act of Taluk Surveyor measuring out plaint schedule property during the pendency of suit in which same relief is sought for would affect the proceedings before court.

Judgment Evidence:

Hence for the aforesaid reasons, I am inclined to allow this application and the order shall be communicated to the authority concerned.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Aloysious Victor
Party Role
Plaintiff
Party Name
Patricia Rany Bhai.M
Party Role
Defendant
Party Name
Aravind B Nair
Party Role
Defendant
Party Name
Manju P. V
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Sri. Anil Kumar. V C
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.K.P.Jayaraj
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. P.Santhosh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Aswathy.M.S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri. Syamkumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.D. Arun
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.B.Pradeepkumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Simi.U
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Stay the act of Taluk Surveyor to refix the boundary of plaint A schedule property.
Evidence:
The act of Taluk Surveyor measuring out plaint schedule property which is pending consideration of this court would affect the proceedings before this court.

Documents & Evidence

Document Type: Commissioner Report
Submitted By: Court
Relevance:
The court appointed an Adv. Commissioner and Surveyor to measure out the plaint schedule properties and to fix the northern boundary of plaint A schedule property.
Reference:
null
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
The court considered the oral arguments presented by both parties.
Reference:
null

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 Aloysious Victor et al vs Aravind B Nair et al regarding boundary measurement and injunction
Case Code Year
Case between Aloysious Victor et al vs Aravind B Nair et al regarding boundary measurement and injunction

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Similar Cases

Case between Union Bank of India et al vs Midhun. M regarding rejection of plaint
IN THE COURT OF PRINCIPAL MUNSIFF
Civil Suit Defendant Won
Case between Purushothaman Pillay Divakaran et al vs Deepti Sivan regarding injunction
COURT OF ADDITIONAL MUNSIFF (RCC)
Civil Suit Plaintiff Won
Case between Sreenath.S vs Thankarajan et al regarding dismissal of suit as not pressed
COURT OF ADDITIONAL MUNSIFF (RCC)
Civil Suit Defendant Won
Case between Sindhu.S et al vs Lalitha et al regarding withdrawal of suit
COURT OF ADDITIONAL MUNSIFF (RCC)
Civil Suit Plaintiff Won
Case between Vanitha Sureshbabu Thilak vs Babu Chettiyar et al regarding permanent prohibitory injunction
COURT OF PRINCIPAL MUNSIFF
Civil Suit Plaintiff Won