Case Summary
George is the plaintiff seeking to fix the boundary of his property against the defendants Aliyamma, Biju Paulose, and others. The defendants are claiming that their property overlaps with the plaint schedule property and are obstructing the plaintiff's request to demarcate the boundaries.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The defendants successfully demonstrated that the physical boundary already existed and that there was no obstruction to the property.
The defendants successfully demonstrated that the physical boundary already existed and that there was no obstruction to the property.
Judgment Evidence:
In the result, the suit stands dismissed. No costs.
Parties Involved
Plaintiffs
George (45 years)
Kaniyadan House, Pralayikkad Kara, Vengoor West Village, Kunnathunad Taluk
Defendants
Aliyamma (75 years)
Kaniyadan House, Pralayikkad Kara, Vengoor West Village, Kunnathunad Taluk
Biju Paulose (40 years)
Kaniyadan House, Pralayikkad Kara, Vengoor West Village, Kunnathunad Taluk
K.M. Joy (59 years)
Kaniyadan House, Thuruthy Kara, Pralayakkad, Vengoor West Village
Chinnamma George (Age not specified years)
Kaniyadan House, Karayamparambu, Angamaly Village
Anoop George (36 years)
Kaniyadan House, Karayamparambu, Angamaly Village
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought a perpetual injunction restraining the defendants from entering the plaint schedule property.
Evidence:
In the absence of allegation of any overt act, to be attempted by defendants, there is no ground for the apprehension of the plaintiff in seeking for a perpetual injunction.
Relief Type:
Fixation of Boundary
Outcome:
Refused
Description:
Plaintiff sought to fix the boundary between the plaint schedule property and the adjoining property.
Evidence:
Therefore, in view of the above discussion, I could not find the plaintiff to be entitled for the relief of fixation of boundary.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document provides the basis for the plaintiff's claim regarding the boundary and possession of the property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document is related to the plaintiff's ownership and claim over the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report assesses the physical boundaries of the properties in question.
Reference:
Ext.C1
Document Type:
Commission report and Survey plan
Submitted By:
Court
Relevance:
This document provides insights into the survey of the property and its boundaries.
Reference:
Ext.C2