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O.S 36/2019

Case between Aruna D. Pillai et al vs Pradeep Kumar et al regarding permanent prohibitory injunction

Court
IN THE COURT OF THE MUNSIFF, KANJIRAPPALLY.
Judge
Smitha Susan Mathew
Order Date
2025-06-30
Duration
approximately-6 years 25 days
Case Code No.
36
Case Closed
Mon, 06/30/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Kanjirappally
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Tue, 01/01/2019 - 12:00
Case Closed
Mon, 06/30/2025 - 12:00
From
Thu, 05/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Panchayat

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