Case Summary
The plaintiffs, Edison Gilbert and Jolamma, are seeking a fixation of the boundary and a permanent prohibitory injunction against the defendants, Gopalakrishna Pillai and others, who are disputing their ownership of the property. The matter involves allegations of destruction of boundary markers by the defendants.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit with costs to the defendants, concluding that the plaintiffs did not have the title and possession over the properties in question.
Key Reasoning:
The court found that the plaintiffs failed to prove title and possession over the plaint schedule properties.
The court found that the plaintiffs failed to prove title and possession over the plaint schedule properties.
Why Defendant Won:
The court found that the plaintiffs failed to prove title and possession over the plaint schedule properties.
The court found that the plaintiffs failed to prove title and possession over the plaint schedule properties.
Supporting Evidence
The court found that the plaintiffs did not have title and possession over the properties.
Judgment Evidence:
In the result, the suit is dismissed with costs to the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Edison Gilbert
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jolamma
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Gopalakrishna Pillai
- Party Age
- 60
- Party Role
- Defendant
- Party Name
- Ratheesh kumar
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dhanasree
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jayakumari
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mini
- Party Age
- 32
- Relation
- D/o
Plaintiffs Documents
Certified copies of Sale Deed No. 2324/2011, Sale Deed No. 2323/2011, Tax receipt
Defendants Documents
Certified copy of Sale Deed No. 3330/2007, Certified copy of Sale Deed No. 296/08, Certified copy of Sale Deed No. 3211/2008, Certified copy of Decree in OS 462/2007
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.Jalaludheen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Jayakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs requested a permanent prohibitory injunction concerning the boundary.
Evidence:
In the result, the suit is dismissed with costs to the defendants.
Relief Type:
Fixation of Boundary
Outcome:
Refused
Description:
Plaintiffs requested the court to fix the northern boundary of the plaint A schedule properties.
Evidence:
In the result, the suit is dismissed with costs to the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2324/2011 related to the property in dispute.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2323/2011 related to the property in dispute.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiffs have paid land tax for the properties.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by the advocate commissioner regarding the boundaries.
Reference:
Ext.C1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 3330/2007, relevant to the dispute.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 296/08, relevant to the dispute.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of Sale Deed No. 3211/2008, relevant to the dispute.
Reference:
Ext.B3
Document Type:
Decree
Submitted By:
Defendant
Relevance:
Certified copy of decree in OS 462/2007, relevant to the case.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Edison Gilbert et al vs Gopalakrishna Pillai et al regarding fixation of boundary and permanent prohibitory injunction
Case Code Year
Case between Edison Gilbert et al vs Gopalakrishna Pillai et al regarding fixation of boundary and permanent prohibitory injunction