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OS. No. 443/2013

Case between Krishnankutty Achary et al vs Alex regarding declaration and mandatory injunction.

Court
THE COURT OF THE MUNSIFF, KOLLAM
Judge
Smt. Ragi.S.
Order Date
2025-10-10
Duration
approximately-12 years 10 months
Case Closed
Fri, 10/10/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, residing in Pallimon Village, are seeking a declaration of title and recovery of possession of a property from the defendant, who is their neighbor. The dispute centers around the ownership and use of a pathway and a plot of land sold under a sale deed.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiffs, declaring their title over the disputed property and ordering the defendant to remove the boundary wall obstructing access to the C schedule property.
Judgment Favored
Plaintiff
Relief Granted
The plaint C schedule property is declared to belong to the plaintiff, and the defendant is directed to remove the northern boundary wall.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, declaring their title over the disputed property and ordering the defendant to remove the boundary wall obstructing access to the C schedule property.
Why Plaintiff Won:
The plaintiffs proved their title to the property through the sale deed and evidence of continuous possession.
Losing Side's Weaknesses:
The plaintiffs proved their title to the property through the sale deed and evidence of continuous possession.
Supporting Evidence
The plaintiff successfully proved that a portion of C schedule property, measuring 12.24 sq.metres, still remains in the possession of the defendant.

Judgment Evidence:

In the result, the suit is decreed with costs. It is declared that the plaint C schedule property belongs to the plaintiff, as per Ext.A2 Sale Deed No. 2568/1994 dated 30/08/1994.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Krishnankutty Achary
Party Age
67
Relation
S/o
Party Role
Plaintiff
Party Name
Dhanalekshmi
Relation
D/o
Party Role
Plaintiff
Party Name
Dhanapalan
Relation
S/o
Party Role
Plaintiff
Party Name
Vijayamma
Relation
D/o
Party Role
Plaintiff
Party Name
Dhaneshan
Relation
S/o
Party Role
Defendant
Party Name
Alex
Party Age
37
Relation
S/o
Plaintiffs Documents
Patta Number LA 11/87, Sale deed No. 2568/1994, Land Tax receipt dated 16/03/1996, Land Tax receipt dated 09/04/2025, Copy of Thandapperu kanakku No. 5215, Copy of BTR Register, Attested copy of Survey plan.
Defendants Documents
Patta No. LA 12/87, Copy of sale deed No. 5230/1985, Sale deed No. 2568/1994, Possession Certificate dated 13/11/2017, Location Certificate.

Advocates

Party Role
Plaintiff
Advocate Name
P. Sudhakaran
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
S.K. Prakash Sathyanathan
Appearance Type
Main Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Declaration that the plaint C schedule property belongs to the plaintiff.
Evidence:
It is declared that the plaint C schedule property belongs to the plaintiff, as per Ext.A2 Sale Deed No. 2568/1994 dated 30/08/1994.
Relief Type: Recovery
Outcome: Granted
Description:
Recovery of possession of 12.24 sq.metres of property.
Evidence:
The additional plaintiffs are entitled to recover the possession of 12.24 sq.metres of property marked by letters IJKLMNOPAI in the C1(b) plan.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Mandatory injunction directing the defendant to remove the northern boundary wall.
Evidence:
The defendant is directed to remove the northern boundary wall situated within the plaint C schedule property within one month.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent injunction restraining the defendant from trespassing.
Evidence:
The defendant and his men are permanently restrained from further trespassing into the plaint C schedule property.

Documents & Evidence

Document Type: Patta
Submitted By: Plaintiff
Relevance:
Shows title to the plaint A schedule property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Documents the purchase of the C schedule property.
Reference:
Ext.A2
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Shows payment of land tax for C schedule property.
Reference:
Ext.A3
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Shows continued payment of land tax for C schedule property.
Reference:
Ext.A4
Document Type: Thandapper Register Copy
Submitted By: Plaintiff
Relevance:
Substantiates entries recorded in land tax documents.
Reference:
Ext.A5
Document Type: Survey Plan
Submitted By: Plaintiff
Relevance:
Indicates existence of pathway along C schedule property.
Reference:
Ext.A6
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Shows earlier sale related to the property.
Reference:
Ext.A7
Document Type: Patta
Submitted By: Defendant
Relevance:
Establishes title to the defendant's property.
Reference:
Ext.B1
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Relevant older sale deed.
Reference:
Ext.B2
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Related to the property in dispute.
Reference:
Ext.B3
Document Type: Possession Certificate
Submitted By: Defendant
Relevance:
Certifies possession by the defendant.
Reference:
Ext.B4
Document Type: Location Certificate
Submitted By: Defendant
Relevance:
Subject to proof; used in context of property.
Reference:
Ext.B5
Document Type: Field Survey Plan
Submitted By: Defendant
Relevance:
Provides details necessary for case.
Reference:
Ext.B7
Document Type: Land Tax Receipt
Submitted By: Defendant
Relevance:
Shows tax payments related to the property.
Reference:
Ext.B11
Document Type: Mahazar
Submitted By: Court
Relevance:
Prepared by Advocate Commissioner for measurements.
Reference:
Ext.C1
Document Type: Commission Report
Submitted By: Court
Relevance:
Report submitted regarding property measurement.
Reference:
Ext.C1(a)
Document Type: Survey Plan Report
Submitted By: Court
Relevance:
Details of survey conducted by commissioner.
Reference:
Ext.C1(b)

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Krishnankutty Achary et al vs Alex regarding declaration and mandatory injunction.
Case Code Year
Case between Krishnankutty Achary et al vs Alex regarding declaration and mandatory injunction.

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Tue, 01/01/2013 - 12:00
Case Closed
Fri, 10/10/2025 - 12:00
From
Mon, 09/01/2025 - 12:00
To
Fri, 10/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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