Case Summary
The plaintiff, Mrs. Voliya Biju Arakkal, is seeking a declaration of her half undivided right over a property and a permanent injunction against the defendant, Mr. Cyril Xavier, who is claiming absolute ownership. The dispute involves properties inherited from the plaintiff's father and their usage rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff's half undivided right, title and possession over the plaint C schedule property is declared and a decree of permanent prohibitory injunction is passed.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff's claim was supported by the evidence of ownership and the relevant documents establishing her rights.
The plaintiff's claim was supported by the evidence of ownership and the relevant documents establishing her rights.
Judgment Evidence:
In the result, the suit is decreed as follows: i. The plaintiff's half undivided right, title and also possession over the plaint C schedule property is declared. ii. A decree of permanent prohibitory injunction is passed, restraining the defendant, his agents and henchmen from doing any act which is detrimental to the plaintiff's half undivided right, title, interest and possession over the plaint C schedule property.
Parties Involved
Plaintiffs
Mrs. Voliya Biju Arakkal (49 years)
Valiyaparambil House, Emakulam North P.O., PIN- 682 018, Ernakulam village, Kanayannoor Taluk
Mr. MICHEAL CHEGUVERA (54 years)
Kachappilly House, Puthupallipram Kara, Edappally P.O., PIN – 682 024, Thrikkakara north Village, Kanayannur Taluk
Defendants
Mr. Cyril Xavier (77 years)
Aravinnassery House, Chittoor Road, near E.T. North Police Station, Ernakulam North P.O., PIN – 682 018, Ernakulam Village, Kanayannur Taluk
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff's half undivided right, title and possession over the plaint C schedule property declared.
Evidence:
the plaintiff's half undivided right, title and also possession over the plaint C schedule property is declared.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction restraining the defendant from obstructing the plaintiff's use of the plaint C schedule property.
Evidence:
A decree of permanent prohibitory injunction is passed, restraining the defendant, his agents and henchmen from doing any act which is detrimental to the plaintiff's half undivided right.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit from the defendant.
Evidence:
the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Notarized copy of the Power of Attorney representing the plaintiff.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No. 571/2020 establishing the plaintiff's rights.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2538/1994 related to the property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 4588/1995 related to the property.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of Lawyer Notice sent to the defendant claiming rights over the C schedule.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Office copy of Reply Notice sent to the defendant refuting claims over the C schedule.
Reference:
Ext.A6
Document Type:
Document
Submitted By:
Defendant
Relevance:
Certified copy of Document No: 2538/1994 concerning the property.
Reference:
Ext.B1
Document Type:
Document
Submitted By:
Defendant
Relevance:
Certified copy of Document No: 4588/1995 concerning the property.
Reference:
Ext.B2
Document Type:
Document
Submitted By:
Defendant
Relevance:
Certified copy of Document No: 5308/2006 concerning the property.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed regarding the property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch appended to the Commission Report.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimonies of PW1 and DW1 regarding the case.
Reference: