Case Summary
Girija, the plaintiff, is seeking a permanent prohibitory injunction against Peedikayulla Parambath Indira and others to prevent them from trespassing into her property. The dispute concerns the identification and ownership of specific land boundaries that the plaintiff claims as part of her property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing into the plaint A schedule property and from interfering with the plaintiff's possession.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, Girija, granting a permanent prohibitory injunction against the defendants, preventing them from trespassing onto the plaint A schedule property.
Why Plaintiff Won:
The plaintiff established her title and possession over the plaint A schedule property through credible evidence and document verification.
The plaintiff established her title and possession over the plaint A schedule property through credible evidence and document verification.
Losing Side's Weaknesses:
The plaintiff established her title and possession over the plaint A schedule property through credible evidence and document verification.
The plaintiff established her title and possession over the plaint A schedule property through credible evidence and document verification.
Supporting Evidence
The plaintiff has proved the title and possession over the plaint schedule property. The case of the defendant that the southern boundary of A plot in C4 is Aachanadappu Parambu is not at all established before this court.
Judgment Evidence:
In the result, the suit is decreed with costs. The defendants, their men, workers and agents are restrained by a decree of permanent prohibitory injunction from trespassing into any part of plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- GIRIJA
- Party Age
- 74
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Peedikayulla Parambath Indira
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Gurikkalparambath Krishnan
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Geetha
- Party Age
- 58
- Relation
- D/o
Plaintiffs Documents
Power of Attorney, Kuzhikanam Assignment Deed No.1826/2005, Certified copy of Partition Deed No.1890/1960, Possession Certificate, Tax Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. K. Anil Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. K. Santhosh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N. M. Kuttikrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To restrain the defendants from trespassing into the plaint A schedule property.
Evidence:
The defendants, their men, workers and agents are restrained by a decree of permanent prohibitory injunction from trespassing into any part of plaint A schedule property, from committing any act of waste and damages therein, from constructing any road or way through any part of the plaint A schedule property and from interfering in any manner with the peaceful possession and enjoyment of the plaint A schedule property by the plaintiff and her son.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by Jithesh Kumar in favor of Baby Girija.
Reference:
Ext.A1
Document Type:
Kuzhikanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Details the assignment of property to V. K. Jitheshkumar.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Covers the partition among Devi and others.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Proves possession of the property by V. K. Jithesh Kumar.
Reference:
Ext.A4
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
Indicates payment of land tax by V. K. Jithesh Kumar.
Reference:
Ext.A5
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
An earlier partition deed relevant to the case.
Reference:
Ext.A6
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Details another partition among Devi and others.
Reference:
Ext.A7
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Details another partition relevant to the claims.
Reference:
Ext.A8
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Executed by Geetha in favor of Devi concerning the property.
Reference:
Ext.A9
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
Executed by Kallyani relevant to the property.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed to assist with property identification.
Reference:
Ext.C1
Document Type:
Commissioner Plan
Submitted By:
Court
Relevance:
Plan filed related to the commissioner's findings.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further findings from the commissioner regarding property.
Reference:
Ext.C3
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
Detailed survey plan filed for the property.
Reference:
Ext.C4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Girija vs Peedikayulla Parambath Indira et al regarding permanent prohibitory injunction
Case Code Year
Case between Girija vs Peedikayulla Parambath Indira et al regarding permanent prohibitory injunction