Case Summary
Joseph and Philomina are the plaintiffs who own property that is being threatened by George and Ambily, who are attempting to trespass. The plaintiffs seek protection from further invasions of their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction restraining the defendants from trespassing on the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs and dismissed the counterclaim by the defendants. A permanent prohibitory injunction was granted to the plaintiffs.
Why Plaintiff Won:
The plaintiffs successfully established their title and possession of the property and demonstrated that the defendants did not have an exclusive right to the pathway.
The plaintiffs successfully established their title and possession of the property and demonstrated that the defendants did not have an exclusive right to the pathway.
Losing Side's Weaknesses:
The plaintiffs successfully established their title and possession of the property and demonstrated that the defendants did not have an exclusive right to the pathway.
The plaintiffs successfully established their title and possession of the property and demonstrated that the defendants did not have an exclusive right to the pathway.
Supporting Evidence
The filing of counterclaim raising the right over counter claim item No.2 which passes through the property of plaintiffs itself is sufficient to justify the apprehension of plaintiffs that defendants are attempting to trespass on the property of the plaintiffs.
Judgment Evidence:
In the result, the suit is decreed and the counterclaim is dismissed. A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing on the plaint schedule property, demolishing any boundary kayyala, making new boundaries by annexing any portions of plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph
- Party Age
- 73
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Philomina
- Party Age
- 69
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- George @ Kochappi
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ambily
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
27.11.2019 Tax receipt, Thandapper No. 2459 of the Village Office Elangulam; 17.06.2020 Tax receipt, Thandapper No. 2458 of the Village Office Elangulam; 16.08.2024 Tax receipt, Thandapper No. 2459 of the Elangulam Village Office; 16.08.2024 Tax receipt, Thandapper No. 2458 of the Elangulam Village Office; 16.08.2024 Tax receipt, Thandapper No. 5975 of the Elangulam Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Justin David
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jose Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Geeraj P.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Renuka Ram
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction restraining the defendants from trespassing on the plaint schedule property.
Evidence:
Hence plaintiffs are entitled for a decree of injunction against defendants.
Relief Type:
Other
Outcome:
Dismissed
Description:
The counterclaim is dismissed.
Evidence:
In the result, the suit is decreed and the counterclaim is dismissed.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt used to establish claim over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt used to establish claim over the plaint schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt used to establish claim over the plaint schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt used to establish claim over the plaint schedule property.
Reference:
Ext.A3(a)
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt used to establish claim over the plaint schedule property.
Reference:
Ext.A3(b)
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by commissioner to establish property boundaries.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by commissioner to establish property layout.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared to verify property measurements.
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan prepared for the property measurements.
Reference:
Ext.C2(a)
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by commissioner to report on pathways.
Reference:
Ext.C3
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by commissioner showing pathways related to the case.
Reference:
Ext.C3(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Unauthorized occupation
Case Code
O.S
Case Code Year
2020