Case Summary
Mini C Philip is the plaintiff seeking a permanent prohibitory injunction against Smt.Ammini and Shri Lakshmanan, who are accused of attempting to encroach upon her property. The case involves disputes over property boundaries and unauthorized use of land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and mandatory injunction for reconstruction of the boundary wall.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants and ordering them to reconstruct the demolished boundary wall.
Why Plaintiff Won:
The unchallenged proof affidavit and documents presented by the plaintiff satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents presented by the plaintiff satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents presented by the plaintiff satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents presented by the plaintiff satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim. So, a decree can rightly be passed as prayed for.
Judgment Evidence:
In the result, a) The suit is decreed by a permanent prohibitory injunction restraining the defendants and his men or his agents from doing any act which is determinant to the peaceful enjoyment and possession of the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mini C Philip
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Smt.Ammini
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shri Lakshmanan
- Party Age
- 65
Plaintiffs Documents
Photocopy of the Sale deed no. 2055/17, Photocopy of sketch, Photocopy of the location sketch issued by Mulanthuruthy village, Photocopy of the possession certificate no. 41944460, True copy of tax receipt no KL070210000 78/2014.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Raju Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sindhu R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jose Kuriakose K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from trespassing on the plaint A schedule property.
Evidence:
The suit is decreed by a permanent prohibitory injunction restraining the defendants and his men or his agents from doing any act which is determinant to the peaceful enjoyment and possession of the plaint A schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to reconstruct the demolished boundary wall.
Evidence:
The suit is decreed by a mandatory injunction directing the defendants to construct the boundary wall demolished by then.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to costs of the suit.
Evidence:
The plaintiffs are entitled to costs of the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves plaintiff's ownership and possession of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sketch
Submitted By:
Plaintiff
Relevance:
Provides visual representation of the property in question.
Reference:
Ext.A2
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Is issued by Mulanthuruthy village, confirming the location of the property.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the plaintiff's possession of the property.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Serves as a proof of tax payments linked to the property.
Reference:
Ext.A5
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony provided by the plaintiff regarding property encroachment.
Reference:
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 Mini C Philip vs Smt.Ammini et al regarding permanent prohibitory injunction.
Case Code Year
Case between Mini C Philip vs Smt.Ammini et al regarding permanent prohibitory injunction.