Case Summary
Lalan K. Kuriakose filed a suit against Shajan K. Kuriakose concerning a boundary dispute between their properties. The defendant allegedly constructed a wall on the plaintiff's property without permission.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from trespassing onto the plaint schedule item no.1 property.
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction against the defendant forbidding further trespass onto the plaintiff's property.
Why Plaintiff Won:
The court found that the defendant had unlawfully constructed a wall on the plaintiff's property.
The court found that the defendant had unlawfully constructed a wall on the plaintiff's property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The case of the plaintiff is that the defendant had constructed wall on the eastern side of the plaint schedule item no.1 property by annexing to some portion of the said property.
Judgment Evidence:
In the result, the suit is decreed partly as follows; The defendant and men under them are restrained by a decree of permanent prohibitory injunction trespassing into plaint schedule item no.1 property which is in existence and from causing obstruction to the peaceful possession and enjoyment of the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lalan K. Kuriakose
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shajan K. Kuriakose
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Copy of complaint of Pampady Police Station, Copy of Application of Pampady Village, Copy of Receipt, Copy of Settlement Deed
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G Ajithkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from trespassing into plaint schedule item no.1 property.
Evidence:
the plaintiff has not taken out a Commissioner to measure out the properties and to prepare a plan. Hence prayer to fix boundary and the prayer to direct the defendant to remove the wall cannot be allowed.
Documents & Evidence
Document Type:
Copy of complaint of Pampady Police Station
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to support the plaintiff's claims.
Reference:
Ext.A1
Document Type:
Copy of Application of Pampady Village
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence relevant to the plaintiff's claims.
Reference:
Ext.A2
Document Type:
Copy of receipt
Submitted By:
Plaintiff
Relevance:
This document was marked as evidence to substantiate the plaintiff's assertions.
Reference:
Ext.A3
Document Type:
Copy of settlement Deed
Submitted By:
Plaintiff
Relevance:
This document was crucial in establishing ownership and rights over the property in question.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Lalan K. Kuriakose vs Shajan K. Kuriakose regarding fixation of boundary and injunction
Case Code Year
Case between Lalan K. Kuriakose vs Shajan K. Kuriakose regarding fixation of boundary and injunction