Case Summary
The plaintiff, Emilin Binoy, seeks a permanent prohibitory injunction against the defendants, Thresya Fernandes and Jannet, who are attempting to illegally encroach on her property. The plaintiff claims ownership of the property and has faced threats and harassment from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants restrained from encroaching into the plaint A schedule property and causing nuisance.
Case Type
Civil Suit
Final Judgment
No
The court issued a decree partly in favor of the plaintiff, restraining the defendants from encroaching upon the plaintiff's property and ordered them to pay costs.
Why Plaintiff Won:
The plaintiff successfully proved ownership and possession of the property without rebuttal from the defendants.
The plaintiff successfully proved ownership and possession of the property without rebuttal from the defendants.
Losing Side's Weaknesses:
The plaintiff successfully proved ownership and possession of the property without rebuttal from the defendants.
The plaintiff successfully proved ownership and possession of the property without rebuttal from the defendants.
Supporting Evidence
The plaintiff has succeeded in proving her case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendants and their men are hereby restrained from encroaching into the plaint A schedule property or form destructing the compound wall in the west or dumping waste or doing any nuisance in the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Emilin Binoy
- Party Age
- 38
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Elizabeth Benoy Paul
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thresya Fernandes @ Tresa Albert
- Party Age
- 73
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jannet @ Honey
- Party Age
- 43
- Relation
- W/o
Plaintiffs Documents
General Power of Attorney dated 04/01/2023, Certified copy of sale deed No.1665/2023 dated 08/09/2023, Land Tax Receipt dated 26/09/2023, Copy of Survey sketch (Field No.55).
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Haripriya S. Latheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R. Prasad
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against the defendants from encroaching the plaint A schedule property.
Evidence:
The defendants and their men are hereby restrained from encroaching into the plaint A schedule property or form destructing the compound wall in the west or dumping waste or doing any nuisance in the plaint A schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement of the plaintiff to realise the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document proving the authority of the power of attorney holder to represent the plaintiff.
Reference:
Ext.A1
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Document proving the plaintiff's ownership of the property in question.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Document providing evidence of tax payment for the property.
Reference:
Ext.A3
Document Type:
Copy of Survey sketch
Submitted By:
Plaintiff
Relevance:
Document providing a visual representation of the property boundaries.
Reference:
Ext.A4
Document Type:
Commission report and mahazzar
Submitted By:
Court
Relevance:
Court exhibit documenting the findings of the Advocate Commissioner regarding the property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Emilin Binoy et al vs Thresya Fernandes @ Tresa Albert et al regarding permanent prohibitory injunction.
Case Code Year
Case between Emilin Binoy et al vs Thresya Fernandes @ Tresa Albert et al regarding permanent prohibitory injunction.