Case Summary
The plaintiffs, Leelavathy Amma and others, filed a suit for fixing the northern boundary of the plaint properties and for an injunction against the defendants from trespassing. The defendants countered with a claim for a permanent injunction to prevent the plaintiffs from interfering with their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court recorded a compromise between the parties concerning the property boundary and issued specific orders related to the boundary and construction activities. The suit was decreed according to the terms of the compromise.
Why Plaintiff Won:
The parties voluntarily entered a lawful compromise, satisfying the court that the dispute was settled.
The parties voluntarily entered a lawful compromise, satisfying the court that the dispute was settled.
Losing Side's Weaknesses:
The parties voluntarily entered a lawful compromise, satisfying the court that the dispute was settled.
The parties voluntarily entered a lawful compromise, satisfying the court that the dispute was settled.
Supporting Evidence
The court is convinced that the parties have entered into the compromise voluntarily. The terms of the compromise are lawful and hence the compromise is recorded.
Judgment Evidence:
Hence suit is decreed as per terms of compromise.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Leelavathy Amma
- Party Age
- 68
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sajeevkumar
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sheena
- Party Age
- 47
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Rajeev
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Padmakumari
- Party Age
- 62
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Santhosh
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suresh
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Written compromise agreement, Commission report sketches.
Defendants Documents
Counter claim documents.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T K Ajithkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V A Johnson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Eldho Cherian
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Harikrishnan S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Cyriac Tom
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Naveen A Varkey
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Prohibitory injunction against the defendants from trespassing and committing waste.
Evidence:
This court is satisfied that dispute as to the subject matter of the suit has been settled between the parties.
Relief Type:
Injunction
Outcome:
Granted
Description:
Agreement by the plaintiffs not to obstruct defendants in construction.
Evidence:
The plaintiffs hereby agree that they will not cause any obstruction to the defendants in constructing the compound wall.
Relief Type:
Injunction
Outcome:
Granted
Description:
Agreement by the defendants not to trespass into the plaintiffs' properties.
Evidence:
The defendants hereby agree that they will not trespassing in to the plaint A and B schedule properties.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court refers to sketches prepared by the Surveyor showing the agreed boundary line.
Reference:
IA 2/24
Document Type:
Compromise Terms
Submitted By:
Unknown
Relevance:
The terms of the compromise between the parties are recorded and approved by the court.
Reference:
IA 4/25
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 Leelavathy Amma et al vs Santhosh et al regarding fixation of northern boundary and injunction
Case Code Year
Case between Leelavathy Amma et al vs Santhosh et al regarding fixation of northern boundary and injunction
Case Flags
Out-of-Court Settlement