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O.S No. 1011/2023

Case between Anirudhan T.K vs Venu N.K, Mini, Vinod T.S, Smt.Kamalakshi Amma regarding declaration and injunction

Court
THE I ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Sri. Padmakumar.G.
Order Date
2024-04-11
Duration
approximately-2 years 21 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Anirudhan T.K, is seeking a declaration of ownership and injunction against the defendants for encroachment on his property. The defendants, including local political figures, have allegedly trespassed and constructed structures on the plaintiff's land.

Judgment Outcome

Plaintiff Won
Interim Order
The suit was decreed in favor of the plaintiff, affirming his ownership over the Schedule B property by adverse possession. The court issued injunctions against the defendants to prevent further encroachment and mandated the removal of illegal constructions.
Judgment Favored
Plaintiff
Relief Granted
Declaration of ownership and permanent prohibitory injunction against trespassing and mandatory injunction for removal of constructions
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, affirming his ownership over the Schedule B property by adverse possession. The court issued injunctions against the defendants to prevent further encroachment and mandated the removal of illegal constructions.
Why Plaintiff Won:
The plaintiff successfully proved continuous possession and enjoyment of the property for over 54 years.
Losing Side's Weaknesses:
The plaintiff successfully proved continuous possession and enjoyment of the property for over 54 years.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for.

Judgment Evidence:

In the result, 1. The suit is decreed by a declaration that the plaintiff has perfected his title over the Schedule B property by adverse possession and limitation...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Anirudhan T.K
Party Age
53
Relation
S/o
Party Role
Plaintiff
Party Name
Fairy Susan Jacob
Party Age
39
Relation
W/o
Party Role
Defendant
Party Name
Venu N.K
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Mini
Party Age
47
Relation
W/o
Party Role
Defendant
Party Name
Vinod T.S
Party Age
51
Relation
S/o
Party Role
Defendant
Party Name
Smt.Kamalakshi Amma
Plaintiffs Documents
Original Power of Attorney, Photocopy of purchase certificate no. 422/79 by Land Tribunal, Photocopy of the settlement deed no. 3150/06 of SRO Maradu, Photocopy of Tax receipt no. 9 Book no 331 of Kumbalam village, Photocopy of Location Sketch, Photocopy of ownership certificate issued by Kumbalam Grama Panchayath file No. 5066801/988/2022, Photocopy of the tax receipt issued by Kumbalam village office no. KL07021509856, Photocopy of receipt no 20 book no 4248 issued by Kumbalam Grama Panchayath, Photocopy of the complaint given to City Police Commissioner, Ernakulam, Photocopy of Order in WP(c)10998/2023 of the Hon’ble High Court of Kerala
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
C.N.Sreekumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Manju Paul
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sabu P Joseph
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anil Prasad
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Tony George Thomas
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Beyon T Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Muhammed Shefin K.S
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arya K.K
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Declaration that the plaintiff has perfected his title over the Schedule B property by adverse possession and limitation.
Evidence:
the suit is decreed by a declaration that the plaintiff has perfected his title over the Schedule B property by adverse possession and limitation.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing into plaint B schedule properties and conducting detrimental acts.
Evidence:
the suit is decreed by a permanent prohibitory injunction restraining the defendants, their men, agents and persons claiming under them from trespassing into plaint B schedule properties.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Mandatory injunction directing the defendants to remove the plaint C schedule concrete foundation and flags.
Evidence:
the suit is decreed by a mandatory injunction directing the defendants to remove the plaint C schedule concrete foundation and all the flags and flag poles from plaint B schedule property.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff entitled to the costs of the suit.
Evidence:
the plaintiff is entitled to the costs of the suit.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Original Power of Attorney presented to establish the authority of the plaintiff's representative.
Reference:
Ext.A1
Document Type: Purchase Certificate
Submitted By: Plaintiff
Relevance:
Photocopy of the purchase certificate to substantiate ownership claims.
Reference:
Ext.A2
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Photocopy of the settlement deed to establish transfer of property rights.
Reference:
Ext.A3
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Photocopy of the tax receipt to show payment history for the property.
Reference:
Ext.A4
Document Type: Location Sketch
Submitted By: Plaintiff
Relevance:
Photocopy of the location sketch to provide spatial context to the property.
Reference:
Ext.A5
Document Type: Ownership Certificate
Submitted By: Plaintiff
Relevance:
Photocopy of the ownership certificate to affirm ownership of the property.
Reference:
Ext.A6
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Photocopy of a tax receipt to support ongoing financial responsibility for the property.
Reference:
Ext.A7
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
Photocopy of receipt to demonstrate transactions related to property management.
Reference:
Ext.A8
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
Photocopy of the complaint to illustrate prior attempts to resolve disputes.
Reference:
Ext.A9
Document Type: Order
Submitted By: Plaintiff
Relevance:
Photocopy of the High Court order to support the plaintiff's legal position.
Reference:
Ext.A10
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report to provide factual findings relevant to the case.
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Sketch related to the commission report for context.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Claim of adverse possession
Case Code
Case between Anirudhan T.K vs Venu N.K, Mini, Vinod T.S, Smt.Kamalakshi Amma regarding declaration and injunction
Case Code Year
Case between Anirudhan T.K vs Venu N.K, Mini, Vinod T.S, Smt.Kamalakshi Amma regarding declaration and injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 04/11/2023 - 12:00
Case Closed
From
Mon, 04/01/2024 - 12:00
To
Tue, 04/30/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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