Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
OS. 461/2023

Case between Gracy George vs B.J.Vijayan regarding injunction.

Court
COURT OF THE MUNSIFF, KOLLAM
Judge
Smt. Ragi.S., Principal Munsiff
Order Date
2025-07-05
Duration
Case Code No.
461
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The case involves a dispute between Gracy George, the plaintiff, and B.J.Vijayan, the 2nd defendant, regarding the trespass and construction activities on a disputed property. The 2nd defendant claims exclusive possession of the property, while the plaintiff alleges encroachment and seeks to establish boundaries.

Judgment Outcome

Defendant Won
Interim Order
The court allowed the interim application, restraining the plaintiff from cutting and removing teak trees and from carrying out any construction activities in the disputed property until the final resolution of the suit.
Judgment Favored
Defendant
Relief Granted
The plaintiff is restrained from cutting and removing the teak trees situated on the boundary line separating the plaint A and B schedule properties, and from making any constructions in the A schedule property until the disposal of the suit.
Case Type
Civil Suit
Final Judgment
No
The court allowed the interim application, restraining the plaintiff from cutting and removing teak trees and from carrying out any construction activities in the disputed property until the final resolution of the suit.
Key Reasoning:
The court concluded that allowing construction might cause irreparable loss and hardship to both parties due to the lack of a definite boundary demarcation.
Why Defendant Won:
The court concluded that allowing construction might cause irreparable loss and hardship to both parties due to the lack of a definite boundary demarcation.
Supporting Evidence
Hence, based on the above stated facts it is concluded that the IA is liable to be allowed and I ordered accordingly.

Judgment Evidence:

In the result, IA allowed. The plaintiff/respondent is restrained from cutting and removing the teak trees situated on the boundary line separating the plaint A and B schedule properties, and from making any constructions in the A schedule property until the disposal of the suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Gracy George
Party Age
52
Relation
D/o
Party Role
Defendant
Party Name
B.J.Vijayan
Party Age
66
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Defendant
Advocate Name
Tomy Yesudas
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Francis Jude Netto
Appearance Type
Main Counsel

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
To restrain the respondent/plaintiff from cutting or removing teak trees and from carrying out any construction activities within the property at a distance less than 6 metres from the existing boundary line.
Evidence:
Hence, based on the above stated facts it is concluded that the IA is liable to be allowed and I ordered accordingly.

Documents & Evidence

Document Type: Commission Report
Submitted By: Court
Relevance:
Marked as evidence for the measurement and boundary determination related to the properties in dispute.
Reference:
Ext.C1 series and C2 series
Document Type: Mahazar
Submitted By: Court
Relevance:
Submitted by the advocate commissioners, providing details of the property measurements.
Reference:
Ext.C1(a) and C2(a)
Document Type: Plan
Submitted By: Court
Relevance:
Prepared by the First Grade Surveyor, showing the layout of the property.
Reference:
Ext.C1(b)
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Provided by the advocate commissioner to illustrate construction activities.
Reference:
Ext.C2(b)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
OS.
Case Code Year
2023

Quick Facts

Location
Kollam District
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Sun, 08/31/2025 - 12:00
Outcome Confidence
80%

Involved Entities

Similar Cases

Case between Rabinsa @ Raphis Firdouz vs Safunnisa regarding declaration of title and recovery of possession.
COURT OF THE MUNSIFF, KOLLAM
Civil Suit Defendant Won
Case between Ramla Beevi vs Sulfikkar regarding realisation of money
IN THE COURT OF THE MUNSIFF, KOLLAM
Civil Suit Defendant Won
Case between Radha vs Sujatha et al regarding withdrawal of suit with liberty to file a fresh suit.
COURT OF THE MUNSIFF, KOLLAM
Civil Suit Plaintiff Won
Case between Anilkumar vs Valsala et al regarding impleadment
COURT OF THE MUNSIFF, KOLLAM
Civil Suit Defendant Won
Case between Rini Titus et al vs Stephen Gomez et al regarding restraining from trespassing into properties
COURT OF THE MUNSIFF, KOLLAM
Civil Suit Defendant Won