Case Summary
Plaintiff filed suit seeking fixation of boundary between A, B, C schedule properties after a dispute arose over constructing a compound wall. First defendant agreed to fix the boundary following a mediation and commissioner's report.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Boundary fixation as per Ext.C4 plan
Case Type
Civil Suit - Boundary Fixation
Final Judgment
No
The court decreed the fixation of boundary between A & C schedule properties as per Ext.C4 plan, with the second defendant directed to pay costs to the plaintiff.
Why Plaintiff Won:
Commissioner accurately measured the property and showed the boundary of A & C schedule, in line with document No.2773/2003.
Commissioner accurately measured the property and showed the boundary of A & C schedule, in line with document No.2773/2003.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Makkutty @ Kunhutty
- Party Age
- 63
- Relation
- S/o. Vattaparambil
- Party Role
- Defendant
- Party Name
- Vattaparambil Kunhikitta @ Appukkuttan's Children
- Relation
- Children of Vattaparambil Kunhikitta @ Appukkuttan
- Party Role
- Defendant
- Party Name
- Panhan @ Kuttan
- Party Age
- 63
- Relation
- Not mentioned
- Party Role
- Defendant
- Party Name
- Vilasini @ Kunhammu
- Party Age
- 51
- Relation
- Not mentioned
Plaintiffs Documents
Partition Deed, Tax receipts etc
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Boundary Fixation
Outcome:
Granted
Description:
To fix boundary between A & C schedule properties as per Ext.C4 plan
Evidence:
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proving share of A schedule property to the plaintiff
Reference:
A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supporting ownership of A schedule property
Reference:
A2(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report on the property measurement
Reference:
C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan of the property
Reference:
C2
Case Classification
Case Type
Civil Suit - Boundary Fixation
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Boundary Dispute
Case Code
Case between Makkutty et al vs Vattaparambil Kunhikitta et al regarding boundary fixation
Case Code Year
Case between Makkutty et al vs Vattaparambil Kunhikitta et al regarding boundary fixation