Case Summary
The case involves Manoj Kumar.T.M. as the plaintiff against the Corporation of Kochi, its Secretary, and Antony.A.V. The plaintiff is seeking the fixation of boundaries and recovery of possession of certain property, which he claims has been encroached upon by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of possession of the encroached property and permanent prohibitory injunction against the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to surrender the encroached property to the plaintiff and restraining them from obstructing the plaintiff in the future.
Why Plaintiff Won:
The unchallenged oral and documentary evidence were sufficient to grant a decree in favor of the plaintiff.
The unchallenged oral and documentary evidence were sufficient to grant a decree in favor of the plaintiff.
Losing Side's Weaknesses:
The unchallenged oral and documentary evidence were sufficient to grant a decree in favor of the plaintiff.
The unchallenged oral and documentary evidence were sufficient to grant a decree in favor of the plaintiff.
Supporting Evidence
The unchallenged oral and documentary evidence are sufficient to grant a decree in favour of plaintiff. Since there is no denial evidence and no material, plaintiff is entitled to get a decree.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) The eastern boundary of the plaint schedule property is fixed as the line separating the yellow shaded portion in Ext.C1(a) with the red shaded portion. 2) The yellow shaded portion marked as B in Ext. C1(a) is a part of plaint schedule property and plaintiff is entitled for recovery of same from defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manoj Kumar.T.M.
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Corporation of Kochi
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- The Secretary, Corporation of Kochi
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Antony.A.V.
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Sale Deed No.3742/1981, Certificate issued from the Indian Overseas Bank, Copy of lawyer notice issued on behalf of plaintiff to D1 and D2.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saji Varghese Kakkattumattathil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Shyam
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of the portion of plaint schedule property illegally tarred.
Evidence:
Accordingly, I find that plot B in Ext.C1(a) forming part of plaint schedule property has been encroached by 1st and 2nd defendants.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff seeks a permanent prohibitory injunction against defendants from causing obstruction in constructing a compound wall.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from causing any obstruction to plaintiff in constructing compound wall or fixing gate along the boundary.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiff seeks mandatory injunction to restore the portion of plaint schedule property illegally tarred.
Evidence:
Though plaintiff has sought for mandatory injunction the same is not necessitated as the relief of recovery of possession is granted.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Ext.A1 is a settlement deed which establishes the original ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Ext.A2 is a certificate issued by the Indian Overseas Bank which pertains to the financial status relevant to the case.
Reference:
Ext.A2
Document Type:
Suit Notice
Submitted By:
Plaintiff
Relevance:
Ext.A3 is a copy of the suit notice issued by the plaintiff to the defendants prior to the institution of the suit.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Ext.C1 is a commission report that provides important evidence regarding the boundaries of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Ext.C1(a) is a sketch prepared by the Taluk Surveyor that visually represents the boundaries of the plaint schedule property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Boundary Dispute
Case Code
O.S.NO.
Case Code Year
2014