Case Summary
The plaintiff, Bijumon C J, is the owner of the property and is involved in a dispute with the defendant, Korulla T Thomas, over access to a private road. The defendant trespassed and demolished part of property, prompting the plaintiff to seek legal recourse.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to reinstate the demolished portion of the retaining wall and is restrained from trespassing into the plaint schedule item no.1 property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to reinstate a demolished portion of the retaining wall and restraining him from trespassing on the plaintiff's property.
Why Plaintiff Won:
The plaintiff established his case through credible evidence, with no counter-evidence from the defendant.
The plaintiff established his case through credible evidence, with no counter-evidence from the defendant.
Losing Side's Weaknesses:
The plaintiff established his case through credible evidence, with no counter-evidence from the defendant.
The plaintiff established his case through credible evidence, with no counter-evidence from the defendant.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; 1)The defendant is directed to reinstate the demolished portion of the restraining wall and to remove the iron bar abutting to the plaint schedule item no.1 property. 2)The defendant is hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule item no.1 property and from committing waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bijumon C J
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Korulla T Thomas
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Copy of Sale Deed no. 808/2015, Tax Receipt, Copy of plan
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C J Jomi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to reinstate the demolished portion of the retaining wall.
Evidence:
The defendant is directed to reinstate the demolished portion of the restraining wall and to remove the iron bar abutting to the plaint schedule item no.1 property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from trespassing into the plaint schedule item no.1 property.
Evidence:
The defendant is hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule item no.1 property and from committing waste therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed establishing the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt indicating the plaintiff's payment of property tax.
Reference:
Ext.A2
Document Type:
Plan
Submitted By:
Plaintiff
Relevance:
Copy of plan relevant to the property in question.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed to assist the court in understanding the property situation.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch accompanying the commission report for clarity.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Bijumon C J vs Korulla T Thomas regarding mandatory injunction and permanent prohibitory injunction
Case Code Year
Case between Bijumon C J vs Korulla T Thomas regarding mandatory injunction and permanent prohibitory injunction