Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S No.261/2020

Case between K.S.Suseeladevi @ Suseela vs Seetha et al regarding mandatory as well as permanent prohibitory injunction

Court
MUNSIFF COURT, VAIKOM
Judge
Kum. Abhinimol Rajendran
Order Date
2025-02-21
Duration
approximately-4 years 2 months
Case Closed
Fri, 02/21/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiff K.S.Suseeladevi @ Suseela, after her husband's death, filed a suit against Seetha and her son Rajesh regarding a property dispute. The case involves a claim for a right of passage and injunction against the defendants who encroached upon the plaintiff's property.

Judgment Outcome

Plaintiff Won
Interim Order
The suit was decreed in favor of the plaintiff, mandating the defendants to remove boundary constructions they made encroaching on the plaintiff's property.
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to remove the encroaching boundary and restore the passage way within two months.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, mandating the defendants to remove boundary constructions they made encroaching on the plaintiff's property.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged and established her right over the property.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged and established her right over the property.
Supporting Evidence
Going through the Ext.C1 and C1(a) commission report and plan it can be seen that the PW2 commissioner had identified the plaint schedule properties. The evidence adduced by the plaintiff was unchallenged. From the unchallenged evidence, I am of the view that plaintiff had succeeded in establishing her case and she is entitled to get a decree as prayed for.

Judgment Evidence:

In the result, suit is decreed with costs as follows: Defendants are directed by a decree of mandatory injunction to remove the item No.3 boundary marks which the defendants have forcefully constructed by encroaching upon item No.1 property and to restore the 3 meter gap entry point from item No.1 to 2 at the southern end of item No.1 as part of item No.3 with in a period of two months from the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.S.Suseeladevi @ Suseela
Party Age
60
Relation
D/o
Party Role
Defendant
Party Name
Seetha
Party Age
72
Relation
W/o
Party Role
Defendant
Party Name
Rajesh
Party Age
34
Relation
S/o
Plaintiffs Documents
Original sale deed No. 3201/1994 of Thalayolaparambu SRO, Land Tax Receipt No. KL 05050508235/2020 issued from Kulasekharamangalam Village Office.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.G.Pradeepan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aswathy Jinadevan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Defendants are directed to remove the boundary marks constructed by encroaching upon item No.1 property and restore the gap entry point.
Evidence:
Defendants are directed by a decree of mandatory injunction to remove the item No.3 boundary marks which the defendants have forcefully constructed by encroaching upon item No.1 property and to restore the 3 meter gap entry point from item No.1 to 2 at the southern end of item No.1 as part of item No.3 with in a period of two months from the date of decree.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants are restrained from trespassing into the plaint schedule item No.1 and 2 properties and causing any disturbances.
Evidence:
The defendants and their men are restrained by an order of permanent prohibitory injunction from trespassing into the plaint schedule item No.1 and 2 properties, destroy its boundaries, causing any disturbance or obstructions on the southern boundary of item No.1 and on item No.2 way.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is entitled to get costs from the defendants.
Evidence:
The plaintiff is entitled get costs from the defendants.

Documents & Evidence

Document Type: Original Sale Deed
Submitted By: Plaintiff
Relevance:
Establishes plaintiff's ownership and possession of the item No.1 property.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Supports plaintiff's claim of ownership and possession by providing evidence of tax payments.
Reference:
Ext.A2
Document Type: Urgent Commission report
Submitted By: Court
Relevance:
Details findings regarding the property and pathways relevant to the case.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Visual representation of the property layout as part of the commission report.
Reference:
Ext.C1(a)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between K.S.Suseeladevi @ Suseela vs Seetha et al regarding mandatory as well as permanent prohibitory injunction
Case Code Year
Case between K.S.Suseeladevi @ Suseela vs Seetha et al regarding mandatory as well as permanent prohibitory injunction

Quick Facts

Location
Vaikom Taluk
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Sun, 11/22/2020 - 12:00
Case Closed
Fri, 02/21/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between Kamala Veni et al vs Rajan et al regarding injunction and fixing the boundaries.
COURT OF THE MUNSIFF, VAIKOM
Civil Suit Plaintiff Won
Case between Merykutty vs James et al regarding permanent prohibitory injunction
COURT OF THE MUNSIFF, VAIKOM
Civil Suit Plaintiff Won
Case between George vs Mary regarding mediation settlement
COURT OF THE MUNSIFF, VAIKOM
Civil Suit Plaintiff Won
Case between Simson.P.Mathew vs N.K.Kurian et al regarding injunction
COURT OF THE MUNSIFF, VAIKOM
Civil Suit Defendant Won
Case between Ancy vs Jose @ P.S.Joseph et al regarding partition and permanent prohibitory injunction.
COURT OF THE MUNSIFF, VAIKOM
Civil Suit Plaintiff Won