Case Summary
George Thomas is the plaintiff seeking a decree to fix the boundary of his property and to restrain the defendants from causing obstruction. The defendants have been causing obstruction to the plaintiff's property and have been disposing of waste there.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The western boundary of the plaint schedule property shall be fixed and the defendants are restrained from trespassing.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, fixing the western boundary of the property and restraining the defendants from trespassing.
Why Plaintiff Won:
The plaintiff's evidence established the case, and there was no evidence to rebut it.
The plaintiff's evidence established the case, and there was no evidence to rebut it.
Losing Side's Weaknesses:
The plaintiff's evidence established the case, and there was no evidence to rebut it.
The plaintiff's evidence established the case, and there was no evidence to rebut it.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; 1) The western boundary of the plaint schedule property shall be fixed through line ‘BCDEIJKLM' as shown in Exhibit C1 series plan.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- George Thomas
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mariyamma
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Joby John
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jyothi John
- Party Age
- 33
- Relation
- D/o
Plaintiffs Documents
Power of Attorney, Copy of sale Deed no. 1305/2010, Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kurian Punnoose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and people under them are restrained from trespassing into the plaintiff's property.
Evidence:
The defendants and people under them are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
The western boundary of the plaint schedule property shall be fixed.
Evidence:
The western boundary of the plaint schedule property shall be fixed through line ‘BCDEIJKLM' as shown in Exhibit C1 series plan.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Marked as evidence to support the plaintiff's position.
Reference:
Ext.A1
Document Type:
Copy of sale deed
Submitted By:
Plaintiff
Relevance:
Established the plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provided evidence of the plaintiff's tax responsibilities related to the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed to provide a formal assessment of the property boundaries.
Reference:
Ext.C1
Document Type:
Survey Plan (Map)
Submitted By:
Court
Relevance:
Illustrated the boundary and layout of the property under dispute.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between George Thomas vs Mariyamma, Joby John, Jyothi John regarding fixation of boundary and permanent prohibitory injunction.
Case Code Year
Case between George Thomas vs Mariyamma, Joby John, Jyothi John regarding fixation of boundary and permanent prohibitory injunction.