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O.S No. 10/2008

Case between K.C.George et al vs. Divakaran et al regarding boundary fixation, possession recovery, and injunction

Court
MUNSIFF COURT OF ERNAKULAM
Judge
Sri. Nanda Krishna M., I Additional Munsiff
Order Date
2025-01-06
Duration
16 years 0 months
Case Closed
Mon, 01/06/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiffs include K.C.George et al, seeking boundary fixation, recovery of possession, and injunction against Divakaran et al.

Judgment Outcome

Plaintiff Won
Interim Order
Suit decreed for boundary fixation and permanent injunction in favor of plaintiffs. Recovery of possession denied due to lack of evidence. Costs awarded against defendants.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Suit decreed for boundary fixation and permanent injunction in favor of plaintiffs. Recovery of possession denied due to lack of evidence. Costs awarded against defendants.
Why Plaintiff Won:
Trespass and boundary alteration by defendants proved. Plaintiffs' title and possession over properties established through documentation and testimonies.
Losing Side's Weaknesses:
Trespass and boundary alteration by defendants proved. Plaintiffs' title and possession over properties established through documentation and testimonies.
Supporting Evidence
Trespass evidenced by removal of mud by defendants along boundaries just before suit. Legal titles and possession details supported by property deeds and survey reports.

Judgment Evidence:

Photographs and survey sketches confirmed trespass and alteration of boundaries by defendants. Plaintiffs' documents and testimonies established ownership and possession.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.C.George
Party Age
66
Relation
S/o Chacko
Party Role
Plaintiff
Party Name
V.B.Manikandan Embranthiri
Party Age
43
Relation
S/o Balakrishnan Embranthiri
Party Role
Plaintiff
Party Name
Mary
Party Age
72
Relation
W/o Late K.C.George
Party Role
Plaintiff
Party Name
Jessy
Party Age
48
Relation
D/o Late K.C.George
Party Role
Plaintiff
Party Name
Jaya
Party Age
46
Relation
D/o Late K.C.George
Party Role
Plaintiff
Party Name
James
Party Age
43
Relation
S/o Late K.C.George
Party Role
Plaintiff
Party Name
Shaiju
Party Age
41
Relation
S/o late K.C.George
Party Role
Defendant
Party Name
Divakaran
Party Age
48
Relation
S/o late Kodiyan
Party Role
Defendant
Party Name
Valli
Party Age
45
Relation
W/o Divakaran
Party Role
Defendant
Party Name
Kausalya
Party Age
64
Relation
D/o Kodian
Plaintiffs Documents
Purchase Certificate, Sale deeds, Tax receipts, Assignment deeds, Complaints, Court orders
Defendants Documents

Advocates

Reliefs

Relief Type: Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction against trespassing, waste, and boundary destruction.
Evidence:
Prima facie case established by oral testimony and documentary evidence.

Documents & Evidence

Document Type: Purchase Certificate
Submitted By: Plaintiff
Relevance:
Establish plaintiff's acquisition of property rights.
Reference:
A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Details the sale of property to Sankara Narayan Embrathiri.
Reference:
A12
Document Type: Assignment Deed
Submitted By: Plaintiff
Relevance:
Transfers property from Sankara Narayan Embrathiri to the 2nd plaintiff.
Reference:
A14
Document Type: Settlement Deed
Submitted By: Defendant
Relevance:
Details the 1st defendant's property settlement from Thevan Kodiyan.
Reference:
A19
Document Type: Partition Deed
Submitted By: Defendant
Relevance:
Allotment of property to the 3rd defendant from the legal heirs of Kodiyan.
Reference:
A21
Document Type: Commission Report
Submitted By: Court
Relevance:
Provides survey details confirming boundaries.
Reference:
Exhibit C7

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between K.C.George et al vs. Divakaran et al regarding boundary fixation, possession recovery, and injunction
Case Code Year
Case between K.C.George et al vs. Divakaran et al regarding boundary fixation, possession recovery, and injunction

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 01/06/2008 - 12:00
Case Closed
Mon, 01/06/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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