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
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.
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
Plaintiffs
Mini C Philip (41 years years)
Kallachial House, Karikode, Mulanthuruthy village, Mulanthuruthy P.O, Ernakulam, Pin – 682 314
Defendants
Smt.Ammini (62 years years)
Karikode, Mulanthruuthy village, Painagrapilly P.O, Eranakulam, Pin – 682 314
Shri Lakshmanan (65 years years)
Kunnuparambil, Paingarapilly P.O, Mulanthuruthy, Ernakulam, Pin – 682 314
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: