Case Summary
The plaintiff, Mariya Abraham, seeks an injunction against the defendants, V.T.Alex and Baby Thomas, regarding trespassing and obstruction on her property. She intends to construct a boundary wall after obtaining permission from the local Panchayat but faces threats from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against trespassing and obstruction of the plaintiff's property
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff with costs. The defendants are permanently restrained from trespassing and obstructing the construction of the boundary wall.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of ownership and the necessity of constructing the wall.
The plaintiff provided sufficient evidence of ownership and the necessity of constructing the wall.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of ownership and the necessity of constructing the wall.
The plaintiff provided sufficient evidence of ownership and the necessity of constructing the wall.
Supporting Evidence
Going through the commission report it can be seen that the commissioner had identified the plaint schedule property and he had identified the disputed area by reporting that demarcating the plaint schedule property with Tayyilthazham road situated on the southern side there was an old stone wall, which was in a deteriorated and disturbed condition.
Judgment Evidence:
In the result, suit is decreed with costs as follows: The defendants or anybody under them are restrained by an order of permanent prohibitory injunction from trespassing into the plaint schedule property and prohibiting the plaintiff from reconstructing the southern side boundary wall of the plaint schedule property or to demolish it after it is constructed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mariya Abraham
- Party Age
- 33
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- V.T.Alex
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Baby Thomas
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Sale deed No. 1972/2023, Land Tax Receipt No.KL05050606281/2023, Site approval and Building permit issued by the Secretary, Gramapanchayat, Manjoor.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chaithanya.K.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aromal.S.
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing and preventing the plaintiff from constructing the boundary wall.
Evidence:
The defendants or anybody under them are restrained by an order of permanent prohibitory injunction from trespassing into the plaint schedule property and prohibiting the plaintiff from reconstructing the southern side boundary wall of the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Confirms payment of land tax for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Shows legal approval for construction work on the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details findings and observations related to the plaint schedule property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation of the property and disputed areas.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Mariya Abraham vs V.T.Alex et al regarding injunction
Case Code Year
Case between Mariya Abraham vs V.T.Alex et al regarding injunction