Case Summary
Kuriakose P.V. filed a suit against Cherian Chacko for an injunction regarding a pathway on the plaint schedule property. The case also involves a counterclaim by Cherian Chacko with additional plaintiffs Siby K.Jacob and Jama Siby.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained from trespassing into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court restrained the defendant from trespassing into the plaint schedule property and from annexing any portion of it unless such property is measured out. The counterclaim was decreed to restrain obstruction to the use of the pathway.
Why Plaintiff Won:
The plaintiff was found to have rightful possession of the property and the defendant's claims were unsupported by sufficient evidence.
The plaintiff was found to have rightful possession of the property and the defendant's claims were unsupported by sufficient evidence.
Losing Side's Weaknesses:
The plaintiff was found to have rightful possession of the property and the defendant's claims were unsupported by sufficient evidence.
The plaintiff was found to have rightful possession of the property and the defendant's claims were unsupported by sufficient evidence.
Supporting Evidence
The advocate commissioner reported on the existence of the pathway and the plaintiff was found to have been consistently using it, thus substantiating the claim of rightful possession.
Judgment Evidence:
In the result, The suit is decreed as follows; The defendant is restrained from trespassing into the plaint schedule property and from annexing any portion of the plaint schedule property unless and until the plaint schedule property is measured out.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kuriakose P.V.
- Party Age
- 82
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Cherian Chacko
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Copy of sale deed No.1536/2011, Copy of Tax receipt.
Defendants Documents
Copy of partition deed No.114/88.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Anil D.Kartha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Jojo Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Elvis J.Alex
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sachin Sebastian
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
The defendant is restrained from trespassing into the plaint schedule property and from annexing any portion of the plaint schedule property unless and until the plaint schedule property is measured out.
Evidence:
The suit is decreed as follows; The defendant is restrained from trespassing into the plaint schedule property and from annexing any portion of the plaint schedule property unless and until the plaint schedule property is measured out.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The counterclaim defendant is restrained from causing obstruction to the user of the way as reported in Exhibit C1 series by the counterclaim plaintiff.
Evidence:
The counterclaim is decreed as follows; The counterclaim defendant is restrained from causing obstruction to the user of the way as reported in Exhibit C1 series by the counterclaim plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is sale deed no.1536/2011 whereby the plaintiff’s daughter obtained title over the property having an extent of 5.57 ares.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the copy of the tax receipt dated 17.11.2015, which would go to evince that the plaintiff’s daughter has been paying tax for the property having an extent of 5.57 ares.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Exhibit B1 is the copy of partition deed no.114/88.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Exhibit C1 series consists of the report and rough sketch prepared by the Advocate commissioner, who visited the property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Exhibit C2 series consists of the commission report and rough sketch from the Advocate commissioner's second visit.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Kuriakose P.V. vs Cherian Chacko regarding injunction.
Case Code Year
Case between Kuriakose P.V. vs Cherian Chacko regarding injunction.