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OS No. 29 / 2023

Case between Anju Paul W/o Ranjith Issac vs Binumon K John regarding declaration and mandatory injunction

Court
THE MUNSIFF KOLENCHERY
Judge
Smt. Sirsha N A
Order Date
2025-11-14
Duration

Judgement document from eCourt website

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Case Summary

Anju Paul filed a suit for the restoration of lateral support to her property, which was lost due to the defendant's activities. The case involved issues of boundary infringement and natural right to support.

Judgment Outcome

Partial Relief
Interim Order
The plaintiff's case for the restoration of lateral support was not proven, and the suit was dismissed with no costs awarded.
Judgment Favored
Unknown
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:

Judgment Evidence:

Parties Involved

Plaintiffs

Anju Paul (42 years years) Kottarathil House, M.M.Junction, Kolenchery P.O, Ernakulam - 682311

Defendants

Binumon K John (52 years years) Karikottil House, Poomattom, Kolenchery P.O, Ernakulam - 682311

Reliefs

Relief Type: Declaration
Outcome: Rejected
Description:
Request for declaration of ownership and mandatory injunction
Evidence:
The plaintiff's prayer for a mandatory injunction necessarily fails.

Documents & Evidence

Document Type: Title deed
Submitted By: Plaintiff
Relevance:
Original sale deed establishing ownership of plaint A schedule property
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Proof of payment of land tax for Aikkaranadu North Village
Reference:
Ext.A2
Document Type: Lithomap
Submitted By: Plaintiff
Relevance:
Map of old survey No.542/2 to establish property boundaries
Reference:
Document Type: Field Map
Submitted By: Plaintiff
Relevance:
Map in respect of Resurvey No.142 to highlight property details
Reference:
Document Type: Commission Report
Submitted By: Court
Relevance:
Report evaluating the property boundary issues
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Sketch submitted by advocate commissioner
Reference:
Ext.C1(a)
Document Type: Detailed Estimate
Submitted By: Court
Relevance:
Estimate prepared by Assistant Engineer regarding property issues
Reference:
Ext.C1(b)

Quick Facts

Location
Kolenchery
Case Filed
Outcome Confidence
50%

Involved Entities

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