Case Summary
Kavumkandam Granites, represented by Silvi Joseph, filed a suit against Jomon Joseph for illegally cutting a roadway through their property. The case involves a counterclaim from Jomon Joseph for a declaration of his rights over the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is restrained from trespassing into the plaint schedule item Nos.1 to 4 properties and from committing any mischief therein.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant from trespassing on the plaintiff's property. The counterclaim by the defendant was dismissed.
Why Plaintiff Won:
The plaintiff established its right over the plaint schedule Nos.1 to 4 properties.
The plaintiff established its right over the plaint schedule Nos.1 to 4 properties.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The defendant/counterclaimant has miserably failed to establish that there is a pathway along the plaint schedule Nos.1 to 4 properties, and he has been given the right of easement by grant on the properties.
Judgment Evidence:
In the result, the counterclaim is dismissed, and the suit is decreed as follows: 1) The defendant is restrained from trespassing into the plaint schedule item Nos.1 to 4 properties and from committing any mischief therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kavumkandam Granites
- Relation
- represented by its Managing Partner, Silvi Joseph
- Party Role
- Defendant
- Party Name
- Jomon Joseph
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Registration Certificate, Sale deed No. 381/2017, Tax Receipt, Sale deed No. 391/2017, Partnership deed.
Defendants Documents
Sale deed No. 1494/2002, Tax Receipt, Reply from Kadanadu Village Officer, Bills issued from Neeloor RPS.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Lali Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nisha Nirmala George
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M. K Gopalakrishnan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from trespassing on plaint schedule properties.
Evidence:
The defendant is restrained from trespassing into the plaint schedule item Nos.1 to 4 properties and from committing any mischief therein.
Relief Type:
Declaration
Outcome:
Not Decided
Description:
Plaintiff seeks a declaration relating to property rights.
Evidence:
Not applicable for this outcome.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Defendant sought a mandatory injunction to remove obstruction from the pathway.
Evidence:
The counterclaim plaintiff is not entitled to a mandatory injunction directing the plaintiff to remove the obstruction to the pathway.
Documents & Evidence
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Attested copy presented to establish the registration of the plaintiff firm.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 381/1/2017 to prove ownership of plaint schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt submitted to show payment of property tax for the plaint schedule properties.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 391/1/2017 establishing ownership of additional plaint schedule properties.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Collective evidence of tax payments for multiple properties.
Reference:
Ext.A5 series
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of related judgment to support the plaintiff's claims.
Reference:
Ext.A6
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Legal decree from prior judgment in support of plaintiff's case.
Reference:
Ext.A7
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Document establishing the formation and structure of the plaintiff partnership.
Reference:
Ext.A8
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed No. 1494/2002 to prove title over property in counterclaim.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt to substantiate ownership of the defendant's property.
Reference:
Ext.B2
Document Type:
Reply
Submitted By:
Defendant
Relevance:
Reply from Kadanadu Village Officer relating to the defendant's use of the property.
Reference:
Ext.B3
Document Type:
Bills
Submitted By:
Defendant
Relevance:
Produced to show transportation of latex from the defendant's property.
Reference:
Ext.B4 series
Document Type:
Publication
Submitted By:
Defendant
Relevance:
News article related to the case context.
Reference:
Ext.B5
Document Type:
Certified Copy
Submitted By:
Defendant
Relevance:
Copy of the plaintiffs' suit filed in another case.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court document providing findings on the property dispute.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Sketch accompanying the commission report for further clarity.
Reference:
Ext.C1(a)
Document Type:
Decision
Submitted By:
Unknown
Relevance:
Document related to the Kadanadu Panchayat Committee's decision.
Reference:
Ext.X1
Document Type:
Survey Plan
Submitted By:
Unknown
Relevance:
Survey plan of property relevant to the case.
Reference:
Ext.X2
Document Type:
Publication
Submitted By:
Unknown
Relevance:
Copy of a news publication regarding the case.
Reference:
Ext.X3
Document Type:
Affidavit
Submitted By:
Unknown
Relevance:
Affidavit submitted under section 65-B of the Indian Evidence Act.
Reference:
Ext.X3(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Trespass
Case Code
Case between Kavumkandam Granites et al vs Jomon Joseph regarding permanent prohibitory injunction.
Case Code Year
Case between Kavumkandam Granites et al vs Jomon Joseph regarding permanent prohibitory injunction.