Case Summary
The plaintiff, Elsy Dominic, is seeking a permanent prohibitory injunction against the defendants, K.P. Antony and others, regarding a property dispute over access and alleged trespass. The case revolves around contestations about property ownership and the existence of pathways.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiff failed to establish the cause of action against the defendants. The evidence presented did not support the claims made by the plaintiff regarding trespass or property ownership.
Key Reasoning:
The plaintiff could not establish the cause of action to file the suit and the property descriptions were found to be inconsistent.
The plaintiff could not establish the cause of action to file the suit and the property descriptions were found to be inconsistent.
Why Defendant Won:
The plaintiff could not establish the cause of action to file the suit and the property descriptions were found to be inconsistent.
The plaintiff could not establish the cause of action to file the suit and the property descriptions were found to be inconsistent.
Supporting Evidence
From the above discussion, it can be seen that the plaintiff could not establish the cause of action against defendants to file this suit.
Judgment Evidence:
In the result, the suit is dismissed with cost.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Elsy Dominic
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.P. Antony
- Party Age
- 85
- Party Role
- Defendant
- Party Name
- Sebastian Antony @ Benny
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Alexander Antony @ Jonhy
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mariyamma
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sony Antony
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Power of Attorney dated 20.03.2023, Sale deed No. 2999/1997, Tax receipt No. KL05020807091/2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joseph Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff requested a decree of permanent prohibitory injunction.
Evidence:
The plaintiff failed to prove that defendants encroached plaint schedule item No.1 property so as to widen plaint schedule item No.2 pathway.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Power of Attorney executed by Elsy Dominic in favor of Siby Dominic.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2999/1997 of Kanjirappally S.R.O.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt from Kanjirappally Village Office.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Commissioner Advocate Afsal Haneef.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by Commissioner Advocate Afsal Haneef.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Commissioner Advocate Shajahan K.M.
Reference:
Ext.C2
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan attached with Commission Report.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2021