Case Summary
The plaintiffs, Johny N T and his daughter Catherine J, allege that the defendants, Joy N T and his son Tijo Joy, demolished a boundary wall separating their properties. The plaintiffs are claiming damages amounting to Rs. 5,30,000 due to this act.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs failed to establish that the defendants demolished the boundary wall or caused damage to their property.
The plaintiffs failed to establish that the defendants demolished the boundary wall or caused damage to their property.
Judgment Evidence:
In the result, Suit is dismissed with costs.
Parties Involved
Plaintiffs
Johny N T (61 years years)
Late Thomas Nereveettil House, Thrikkakara P O, Kochi- 682021
Catherine J Nereveettil (31 years years)
Brahmakulam House, Kanjany P O, Thrissur- 680612
Defendants
Joy N T (71 years years)
Late Thomas, Nereveettil House, Thrikkakara P O, Kochi- 682021
Tijo Joy (39 years years)
Nereveettil House, Thrikkakara P O, Kochi- 682021
Reliefs
Relief Type:
Damages
Outcome:
Rejected
Description:
Plaintiffs requested compensation for the damages caused by the defendants.
Evidence:
The court is not satisfied that the plaintiff has proved his case and proved that the demolition of the compound wall has been made by the defendants.
Documents & Evidence
Document Type:
Copy of judgment
Submitted By:
Plaintiff
Relevance:
The judgment from WP(C) 5275 of 2021 is provided as evidence.
Reference:
Ext.A1
Document Type:
Valuation Report
Submitted By:
Plaintiff
Relevance:
The assessment report by a qualified engineer for reconstruction costs was submitted.
Reference:
Ext.A2
Document Type:
Betrothal Invitation
Submitted By:
Plaintiff
Relevance:
This document serves to establish the social context and timeline regarding the demolition incident.
Reference:
Ext.A3
Document Type:
Copy of plaint
Submitted By:
Plaintiff
Relevance:
The plaint in O.S. 30/2021 is included for reference.
Reference:
Ext.A4
Document Type:
Injunction petition
Submitted By:
Plaintiff
Relevance:
This petition relates to the preventive measures sought by the defendants.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
The report issued during the commission process related to the boundary wall.
Reference:
Ext.A6
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
The First Information Report regarding the demolition incident is cited.
Reference:
Ext.A7
Document Type:
Final report
Submitted By:
Plaintiff
Relevance:
The final report pending in CC 1212/2021 highlights the criminal allegations made.
Reference:
Ext.A8
Document Type:
Witness statement
Submitted By:
Plaintiff
Relevance:
This is a statement of witnesses filed along with the final report.
Reference:
Ext.A8(a)
Document Type:
Copy of Writ Petition
Submitted By:
Plaintiff
Relevance:
The writ petition is referenced for additional context.
Reference:
Ext.A9
Document Type:
Statement by Government Pleader
Submitted By:
Plaintiff
Relevance:
This document provides legal context and arguments from the Government's side.
Reference:
Ext.A10
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
The notice issued by the plaintiff to the defendants is provided as response evidence.
Reference:
Ext.B1