Case Summary
The plaintiffs, Aruna D. Pillai and Damodaran Pillai, have filed a suit against defendants Pradeep Kumar, Narayanan Nair, and Chirakkadavu Grama Panchayath regarding a disputed property where the defendants allegedly attempted to widen a pathway encroaching on the plaintiffs' property. The plaintiffs seek a decree to restrain the defendants from such actions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree is granted restraining the defendants from enlarging the width of the item No.2 pathway.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendants from encroaching on the plaint schedule item No.1 property and from widening item No.2 pathway.
Why Plaintiff Won:
The plaintiffs proved their title and possession over the disputed property.
The plaintiffs proved their title and possession over the disputed property.
Losing Side's Weaknesses:
The plaintiffs proved their title and possession over the disputed property.
The plaintiffs proved their title and possession over the disputed property.
Supporting Evidence
The plaintiffs succeeded in proving their title over the property, and the defendants could not substantiate their claim of adverse possession.
Judgment Evidence:
In the result, the suit is decreed as follows: A decree is granted restraining the defendants 1 and 2 from forcibly widening and concreting item No.2 pathway by encroaching on plaint schedule item No.1 property and annexing any portion therefrom and obstructing the plaintiffs from constructing compound wall on the western boundary of plaint schedule item No.1 property as per the permit No. B-BA(14886)/2019 issued from the Chirakkadavu Grama Panchayath.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aruna D. Pillai
- Party Age
- 38
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Damodaran Pillai
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pradeep Kumar
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Narayanan Nair
- Party Age
- 68
- Party Role
- Defendant
- Party Name
- Chirakkadavu Grama Panchayath
- Relation
- represented by its Secretary
Plaintiffs Documents
Notarized copy of Power of Attorney, Certified copy of settlement deed No. 1923/85, Death Certificate of K.R. Vijayamma, Tax Receipt Thandapper No. 7643 issued from Village Office Cheruvally, Building permit with plan issued from Chirakkadavu Grama Panchayath, A notice of the Tahasildar, Kanjirappally, Certified copy of field Register, Certified copy of FIR filed before the Hon’ble court of JFMC II Kanjirappally, Possession & Non Attachment certificate, Certified copy of plan in survey No. 215.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D. Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.A George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Decree granted restraining the defendants from forcibly widening and concreting item No.2 pathway by encroaching on plaint schedule item No.1 property.
Evidence:
A decree is granted restraining the defendants 1 and 2 from forcibly widening and concreting item No.2 pathway by encroaching on plaint schedule item No.1 property and annexing any portion therefrom.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Power of attorney executed by plaintiffs 1 and 2 in favour of PW1.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the settlement deed under which property was transferred to the mother of first plaintiff.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of the mother of first plaintiff, establishing inheritance.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt related to the property.
Reference:
Ext.A4
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Building permit with plan issued for the construction of the compound wall.
Reference:
Ext.A5
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice from the Tahasildar regarding the boundaries of the property.
Reference:
Ext.A6
Document Type:
Field Register
Submitted By:
Plaintiff
Relevance:
Certified copy of field register showing details of the property.
Reference:
Ext.A7
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
Certified copy of FIR alleging trespass by defendants.
Reference:
Ext.A8
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession and non-attachment certificate issued for the property.
Reference:
Ext.A9
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
Certified copy of the plan in survey number 215.
Reference:
Ext.A10
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by the commissioner.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by the commissioner.
Reference:
Ext.C1(a)
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by the commissioner.
Reference:
Ext.C2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by the commissioner.
Reference:
Ext.C2(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by the commissioner.
Reference:
Ext.C3
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan related to field number 215.
Reference:
Ext.C3(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Unauthorized occupation
Case Code
O.S
Case Code Year
2019