Case Summary
The plaintiffs, Karthikeyan and Suresh, are seeking recovery of possession of land from the defendants, P.G.Raveendran and others. The dispute involves encroachment and ownership rights over a specific portion of land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of possession of plot B in Ext.C1(a) plan, permanent prohibitory injunction against defendants obstructing possession.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found that the plaintiff's evidence sufficiently established entitlement to the property in question.
The court found that the plaintiff's evidence sufficiently established entitlement to the property in question.
Judgment Evidence:
In the result, the suit is decreed in part as follows, 1) Plaintiff is entitled for recovery of possession of plot B in Ext.C1(a) plan. Defendants are directed to surrender vacant possession of plot B within one month from the date of decree failing which plaintiff can secure the same through court.
Parties Involved
Plaintiffs
Karthikeyan (68 years)
Manattil house, Thekkumbhagom P.O, Puthiyakavoo, Thekkumbhagom village
Suresh (57 years)
Manattil house, Thiruvamkulam P.O, Opposite Agasthyasramam, Kureekadu village, Kannayannur taluk, Ernakulam District
Defendants
P.G.Raveendran (50 years)
Anjadithittayil, Chilavannoor Desom, Elamkulam village, Kanaynnur taluk
Kairali (58 years)
Anjadithittayil, Chilavannoor Raveendran Road, Elamkulam village
Sindhu (34 years)
Anjadithittayil, Chilavannoor Raveendran Road, Elamkulam village
Girish (32 years)
Anjadithittayil, Chilavannoor Raveendran Road, Elamkulam village
Ratheesh (30 years)
Anjadithittayil, Chilavannoor Raveendran Road, Elamkulam village
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled for recovery of possession of plot B in Ext.C1(a) plan.
Evidence:
In light of the discussions above, the issues are found partly in favour of the plaintiff. Plaintiff is entitled for recovery of possession of the extent of 0.26 Ares of property shown in blue shade in Ext.C1(a) sketch as ‘B’.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by a permanent prohibitory injunction from obstructing the peaceful possession of the extent of 0.26 ares of property.
Evidence:
Plaintiff is also found entitled for a decree of permanent prohibitory injunction restraining the defendants from obstructing the peaceful possession of the extent of 0.26 ares of property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the cost of the suit.
Evidence:
I find no reason to deviate from the normal rule that costs shall follow the event. Hence, plaintiff is found to be entitled for costs of the suit.
Documents & Evidence
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Document presents the judgment in a previous related case (O.S.1665/92), which is relevant for the current dispute regarding possession.
Reference:
Ext.A1
Document Type:
Certified copy of the decree
Submitted By:
Plaintiff
Relevance:
Document is the decree related to the previous case that supports the plaintiff's claims.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership and boundary of the disputed land.
Reference:
Ext.A3
Document Type:
Certified copy of the Commission Report and plan
Submitted By:
Plaintiff
Relevance:
This report and plan detail the findings of the advocate commissioner that are crucial for the case.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report provides details about the measurement of the property in question.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
This sketch visually represents the property involved and its boundaries.
Reference:
Ext.C1(a)