Case Summary
The plaintiff, Devassy alias Thomas, is seeking a permanent prohibitory injunction against the defendants, V.P. Rajamma and Ramachandran, who are his neighbors. The dispute centers around the defendants attempting to trespass and reclaim the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from trespassing into plaintiff's B schedule property and reclaiming any portion of the property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged oral and documentary evidence of the plaintiff showed that the defendants attempted to increase the width of the pathway.
The unchallenged oral and documentary evidence of the plaintiff showed that the defendants attempted to increase the width of the pathway.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from trespassing into plaint B schedule property, reclaiming any portion of the property on the west of the 4 links wide pathway used by them, widening the same and also from obstructing plaintiff in constructing a boundary wall at the western side of the pathway.
Parties Involved
Plaintiffs
Devassy alias Thomas (71 years)
Kannikkal House, Chittoor Desom, Cheranelloor Village, Kanayannur Taluk
Defendants
V.P. Rajamma (51 years)
Vallasserry House, Chittoor Desom, Cheranelloor Village, Kanayannur Taluk
Ramachandran (58 years)
Vallasserry House, Chittoor Desom, Cheranelloor Village, Kanayannur Taluk
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants from trespassing into B schedule property and obstructing the plaintiff in constructing a boundary wall.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from trespassing into plaint B schedule property, reclaiming any portion of the property on the west of the 4 links wide pathway used by them, widening the same and also from obstructing plaintiff in constructing a boundary wall at the western side of the pathway.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
These exhibits are various documents supporting the plaintiff's ownership and right to the property.
Reference:
Ext.A1 to A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report outlines the nature and condition of the properties in dispute.
Reference:
Ext.C1 series