Case Summary
The plaintiffs, E. N Surendran, Leelamma Surendran, and E.K Rajan, are seeking to establish property boundaries and obtain an injunction against the defendants, Sunila Vinod and Deepa Binu, who are obstructing their construction activities. The defendants failed to appear in court, leading to an ex parte decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing upon the plaint schedule item No.1 property.
Case Type
Civil Suit
Final Judgment
No
The suit is partly decreed, granting the plaintiffs a permanent prohibitory injunction against the defendants, preventing them from trespassing on the plaintiffs' property and committing acts of waste or mischief.
Why Plaintiff Won:
Plaintiffs proved their entitlement to relief based on valid ownership and possession of the property.
Plaintiffs proved their entitlement to relief based on valid ownership and possession of the property.
Losing Side's Weaknesses:
Plaintiffs proved their entitlement to relief based on valid ownership and possession of the property.
Plaintiffs proved their entitlement to relief based on valid ownership and possession of the property.
Supporting Evidence
Under these circumstances, plaintiffs are entitled to get a decree against the defendants.
Judgment Evidence:
In the result, the suit is partly decreed with costs as follows; Defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing upon plaint schedule item No.1 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- E. N Surendran
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Leelamma Surendran
- Party Age
- 67
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- E.K Rajan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunila Vinod
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Deepa Binu
- Party Age
- 46
- Relation
- W/o
Plaintiffs Documents
Certified copy of Deed No.1893/2021 dated 07.12.2021 of Kuravilangad SRO, Tax receipt with respect to plaint schedule item No.1 property, Plan with respect to plaint schedule properties.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. P Sathyaratna Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Restraining the defendants from trespassing upon plaint schedule item No.1 property and encroaching any part of the property.
Evidence:
Defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing upon plaint schedule item No.1 property, from encroaching any part of the property of the plaint schedule item No.1 property with the plaint schedule item No.2 property and from committing any acts of waste or mischief therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Deed No.1893/2021 dated 07.12.2021 of Kuravilangad SRO showing ownership and possession of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt with respect to plaint schedule item No.1 property.
Reference:
Ext.A2
Document Type:
Plan
Submitted By:
Plaintiff
Relevance:
Photocopy of plan with respect to the plaint schedule properties.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report identifying the schedule properties.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch related to the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Boundary Dispute
Case Code
Case between E. N Surendran et al vs Sunila Vinod et al regarding fixation of boundary and permanent prohibitory injunction.
Case Code Year
Case between E. N Surendran et al vs Sunila Vinod et al regarding fixation of boundary and permanent prohibitory injunction.