Case Summary
The case involves Bindu as the plaintiff seeking a permanent prohibitory injunction and fixation of boundary against the defendant Renjini. The plaintiff claims that the defendant is attempting to encroach upon her property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant and her men are restrained from trespassing into any portion of plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, restraining the defendant from trespassing into the plaintiff's property and fixing the northern boundary of the plaint A schedule property.
Why Plaintiff Won:
The plaintiff demonstrated entitlement to the ownership and the right to a boundary fixation.
The plaintiff demonstrated entitlement to the ownership and the right to a boundary fixation.
Losing Side's Weaknesses:
The plaintiff demonstrated entitlement to the ownership and the right to a boundary fixation.
The plaintiff demonstrated entitlement to the ownership and the right to a boundary fixation.
Supporting Evidence
The available records reveal that there is a pathway available as per Ext.A4 (sale deed No.453/2003). The defendant has a way for ingress and egress to her property. There is no encroachment reported on the commission report.
Judgment Evidence:
In the result, the suit is decreed in part as follows: (I) The defendant and her men are restrained from trespassing into any portion of plaint A schedule property. (II) The northern side of the plaint A schedule property is fixed through line ‘AB’ as shown in Ext.C1(b).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bindu
- Party Age
- 38
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Renjini
- Party Age
- 37
- Relation
- D/o
Plaintiffs Documents
General Power of Attorney, Certified copy of Sale Deed No. 757/2015, Basic tax receipt No.2009274, Certified copy of Sale Deed No. 453/2003, Certified copy of Sale Deed No. 1501/1995.
Defendants Documents
Location Map & Certificate, Letter No.04/A2/LSGD/TKVM from the Asst.Engineer, LSGD Section, Thrikkovilvattom Grama Panchayath, Land Tax Receipt.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajeesh. T.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Salim Raj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mohan.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and her men are restrained from trespassing into any portion of plaint A schedule property.
Evidence:
The defendant and her men are restrained from trespassing into any portion of plaint A schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
The northern side of the plaint A schedule property is fixed through line ‘AB’.
Evidence:
The northern side of the plaint A schedule property is fixed through line ‘AB’ as shown in Ext.C1(b).
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document establishing the authority of Radhakrishna Pillai to represent Bindu.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 757/2015 establishing the plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proof of payment of land tax for the plaintiff's property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 453/2003 related to the defendant's property.
Reference:
Ext.A4
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed providing relevant boundaries.
Reference:
Ext.A5
Document Type:
Location Map
Submitted By:
Defendant
Relevance:
Location Map of the defendant's property pertaining to the case.
Reference:
Ext.B1
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Communication from Thrikkovilvattom Grama Panchayath regarding the property.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Land tax receipt in the name of Renjini.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Land tax receipt in the name of Lekshmi D/o. Renjini.
Reference:
Ext.B4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 595/2025.
Reference:
Ext.B5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 3022/2003.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court-commissioned report detailing existing conditions of the property.
Reference:
Ext.C1 series
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan illustrating the boundaries as part of the court's findings.
Reference:
Ext.C1(b)
Document Type:
Asset Register Extract
Submitted By:
Third party
Relevance:
Extract showing property details relevant to the case.
Reference:
Ext.X1 series
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Boundary Dispute
Case Code
Case between Bindu vs Renjini regarding partition and permanent prohibitory injunction
Case Code Year
Case between Bindu vs Renjini regarding partition and permanent prohibitory injunction