Case Summary
B. Geethakumary filed a suit against P.S. Sarada Amma for a permanent prohibitory injunction and other consequential reliefs concerning a property dispute. The case involved issues of boundary construction and the legality of encroachment.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Mandatory injunction to demolish concreted portion and restraining order against trespassing.
Case Type
Civil Suit
Final Judgment
No
The court decreed the counter claim in favor of P.S. Sarada Amma, ordering B. Geethakumary to demolish a portion of the concreted retaining wall and restraining her from trespassing into the counter claim schedule property.
Key Reasoning:
The evidence supported the ownership and possession of the counter claim properties by P.S. Sarada Amma.
The evidence supported the ownership and possession of the counter claim properties by P.S. Sarada Amma.
Why Defendant Won:
The evidence supported the ownership and possession of the counter claim properties by P.S. Sarada Amma.
The evidence supported the ownership and possession of the counter claim properties by P.S. Sarada Amma.
Supporting Evidence
Upon considering the oral and documentary evidence adduced by the counter claim plaintiff, it is quite evident that counter claim plaintiff got title and possession over the counter claim schedule properties.
Judgment Evidence:
The counter claim is decreed as follows: (I) The counter claim defendant is directed to demolish the concreted portion touching the existing retaining wall within a period of 3 months from the date of decree. (II) The counter claim plaintiff is allowed to put up compound wall over the retaining wall.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B. Geethakumary
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P.S. Sarada Amma
- Party Age
- 71
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Power of Attorney, Certified copy of Gift Deed No. 1486/1964, Certified copy of Release Deed No. 698/1983, Tax Receipts.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Deepu.U.V
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Arunjith.A.L
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Bharath Vijay.V.G
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N. Chandrasekharan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Counter claim defendant is restrained from trespassing into the counter claim schedule property.
Evidence:
The counter claim defendant is restrained from trespassing into the counter claim schedule property through a permanent prohibitory injunction.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Counter claim defendant is directed to demolish the concreted portion of the existing retaining wall touching the eastern side of counter claim properties.
Evidence:
The counter claim defendant is directed to demolish the concreted portion of (20-40 c.m) width touching the existing retaining wall of the defendant on the eastern side of counter claim properties within a period of 3 months from the date of decree.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Document supports the defendant's claims and testimony in court.
Reference:
Ext.B1
Document Type:
Certified Copy of Gift Deed
Submitted By:
Defendant
Relevance:
Establishes ownership and title of the counter claim plaintiff over the property.
Reference:
Ext.B2
Document Type:
Certified copy of Release Deed
Submitted By:
Defendant
Relevance:
Supports the counter claim plaintiff's ownership of the property.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Provides proof of tax payment related to the counter claim property.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Provides additional proof of tax payment related to the counter claim property.
Reference:
Ext.B5
Document Type:
Certificate issued by the Village Officer
Submitted By:
Defendant
Relevance:
Certifies property ownership pertaining to the counter claim plaintiff.
Reference:
Ext.B6
Document Type:
Copy of complaint
Submitted By:
Defendant
Relevance:
Documents prior legal complaints filed by the defendant.
Reference:
Ext.B7
Document Type:
Copy of complaint
Submitted By:
Defendant
Relevance:
Documents another legal complaint filed by the defendant.
Reference:
Ext.B8
Document Type:
Copy of Complaint and its receipt
Submitted By:
Defendant
Relevance:
Documents legal actions taken by the defendant.
Reference:
Ext.B9 Series
Document Type:
Certified Copy of Judgment
Submitted By:
Defendant
Relevance:
Establishes legal precedence relevant to the case.
Reference:
Ext.B10
Document Type:
Reply received from Irrigation Department under the Right to Information Act
Submitted By:
Defendant
Relevance:
Provides information relevant to the jurisdictional issues in the case.
Reference:
Ext.B11 Series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains findings of the commission regarding the property in question.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Visual representation of the property in question as per the commission report.
Reference:
Ext.C1(a)
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 B. Geethakumary vs P.S. Sarada Amma regarding permanent prohibitory injunction
Case Code Year
Case between B. Geethakumary vs P.S. Sarada Amma regarding permanent prohibitory injunction