Case Summary
Bijumon C J is the plaintiff who is seeking mandatory and permanent prohibitory injunction against Korulla T Thomas, the defendant. The case involves a dispute over property access and trespass.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to reinstate the demolished portion of the retaining wall and 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, ordering the defendant to reinstate a portion of his demolished retaining wall and to refrain from trespassing on the plaintiff's property.
Why Plaintiff Won:
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.
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.
Losing Side's Weaknesses:
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.
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.
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 restraining 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:
The 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 no. 808/2015 establishing the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt relevant to the ownership of the property.
Reference:
Ext.A2
Document Type:
Plan
Submitted By:
Plaintiff
Relevance:
Copy of plan establishing the layout related to the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Adona Maria James providing facts about the property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch providing additional context about the property.
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