Case Summary
The plaintiff, KAPPUMCHALIL DEVI, seeks a permanent prohibitory injunction against the defendants, GIRIJA and V. K. JITHESH KUMAR, to prevent them from trespassing on her property. The case involves disputes over property rights and alleged trespass by the defendants.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit as the plaintiff failed to prove her title and possession over the plaint schedule property. The judgment was rendered on technical grounds concerning the lack of evidence.
Key Reasoning:
The plaintiff failed to establish the identity and title of the plaint schedule property.
The plaintiff failed to establish the identity and title of the plaint schedule property.
Why Defendant Won:
The plaintiff failed to establish the identity and title of the plaint schedule property.
The plaintiff failed to establish the identity and title of the plaint schedule property.
Supporting Evidence
The plaintiff has failed to prove the identity of the plaint schedule property, title or possession.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KAPPUMCHALIL DEVI
- Party Age
- 75
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- GIRIJA
- Party Age
- 72
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- V. K. JITHESH KUMAR
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Partition Deed No. 890/1960, Partition Deed No. 2360/1983, Partition Deed No. 1573/2010, Assignment Deed No. 1574/2010, Basic Tax Receipt, Possession Certificate, Village sketch of the property.
Defendants Documents
Certified copy of Commission Report, Certified copy of Surveyor Plan, Certified copy of Deposition of DW1.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N. M. Kuttikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. K. Anil Raj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V. K. Santhosh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a decree of permanent prohibitory injunction against the defendants from trespassing.
Evidence:
Therefore, the plaintiff failed to prove her case and is not entitled to a decree as prayed.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the historical division of property in the plaint schedule.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Records the partition agreement among the legal heirs of Kanaran.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Specifies the further division of the property among the heirs.
Reference:
Ext.A3
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates the assignment of the property to the plaintiff by Geetha.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proves the payment of tax by the plaintiff, supporting her possession.
Reference:
Ext.A5
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Certifies the plaintiff's possession of the property.
Reference:
Ext.A6
Document Type:
Village Sketch
Submitted By:
Plaintiff
Relevance:
Visual representation of the property as per the partition.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides details about the property boundaries and details assessed by the commissioner.
Reference:
Ext.C1
Document Type:
Commissioner's Plan
Submitted By:
Court
Relevance:
Visual representation of the surveyed property by the advocate commissioner.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Document filed in the connected case providing evidence contradicting the plaintiff’s claims.
Reference:
Ext.B1
Document Type:
Surveyor plan
Submitted By:
Defendant
Relevance:
Plan filed that provides details on property borders relevant to the case.
Reference:
Ext.B2
Document Type:
Deposition
Submitted By:
Defendant
Relevance:
Deposition of defendant witness that supports the defendant's case.
Reference:
Ext.B3
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between KAPPUMCHALIL DEVI vs GIRIJA et al regarding permanent prohibitory injunction
Case Code Year
Case between KAPPUMCHALIL DEVI vs GIRIJA et al regarding permanent prohibitory injunction