Case Summary
Lohidakshan is the plaintiff seeking a boundary fixation and injunction against his brother Velappan and his family. The case involves allegations of attempted encroachment on the plaintiff's property and a counterclaim by the defendants for a permanent prohibitory injunction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree of permanent prohibitory injunction restraining the defendants from trespassing into the plaint C schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence of the plaintiff was found to be credible and unchallenged.
The evidence of the plaintiff was found to be credible and unchallenged.
Judgment Evidence:
In the result, the suit is decreed and the counterclaim is dismissed as follows: i. The counterclaim is dismissed. ii. The boundary of the plaint C schedule property on the southern side meeting the northern boundary of the first defendant's property is fixed as noted in the Exhibit C1(a) sketch.
Parties Involved
Plaintiffs
Lohidakshan (43 years)
Vadakkechittayil House, Kumbalam P.O, Pin Code - 682 506, Kumbalam Village, Kanayannur Taluk, Ernakulam District
Defendants
Velappan (52 years)
Vadakkechittayil House, Kumbalam P.O, 682 506, Kumbalam Village, Kanayanrur Taluk, Ernakulam District
Karthika (42 years)
Vadakkechittayil House, Kumbalam P.O, 682 506, Kumbalam Village, Kanayannur Taluk, Ernakulam District
Vipin (22 years)
Vadakkechittayil House, Kumbalam P.O, 682 506, Kumbalam Village, Kanayannur Taluk, Ernakulam District
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is passed restraining the defendants from trespassing into the plaint C schedule property.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants, their men or agents, or anybody claiming under them or in trust for them from trespassing into the plaint C schedule property or interfering with the peaceful possession and enjoyment of the plaint C schedule property by the plaintiff or meddling with the construction of the common wall/fencing.
Relief Type:
Fixation of Boundary
Outcome:
Granted
Description:
The boundary of the plaint C schedule property on the southern side meeting the northern boundary of the first defendant's property is fixed.
Evidence:
The boundary of the plaint C schedule property on the southern side meeting the northern boundary of the first defendant's property is fixed as noted in the Exhibit C1(a) sketch.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to the costs of suit from the defendants.
Documents & Evidence
Document Type:
Kudikidappu Certificate
Submitted By:
Plaintiff
Relevance:
This document is relevant as it supports the plaintiff's claim of ownership and residential rights.
Reference:
Ext.A1
Document Type:
Original Will bearing No. 188/2006
Submitted By:
Plaintiff
Relevance:
This Will is critical in establishing the bequeathing of property to the plaintiff and the 1st defendant, forming the basis of the dispute.
Reference:
Ext.A2
Document Type:
Death Certificate issued by Kumbalam Grama Panchayath
Submitted By:
Plaintiff
Relevance:
This document confirms the death of the plaintiff's father, an essential fact in the case.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report aids in identifying the boundaries of the plaint C schedule property.
Reference:
Ext.C1
Document Type:
Survey Sketch
Submitted By:
Court
Relevance:
The survey sketch visualizes the property boundaries relevant to the dispute.
Reference:
Ext.C1(a)