Case Summary
The plaintiff, Paulose, is seeking to fix the boundary between his property and that of the defendant, Johny. The dispute arose when the defendant allegedly destroyed part of the boundary wall between their properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eastern boundary of plaint schedule item No.1 property fixed as per Ext.C1(a) plan
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, fixing the eastern boundary of the plaintiff's property as per the commission report and plan. The plan shall form part of the decree.
Why Plaintiff Won:
The evidence presented by the plaintiff, including the commissioned report, supported the entitlement to the relief sought.
The evidence presented by the plaintiff, including the commissioned report, supported the entitlement to the relief sought.
Losing Side's Weaknesses:
The evidence presented by the plaintiff, including the commissioned report, supported the entitlement to the relief sought.
The evidence presented by the plaintiff, including the commissioned report, supported the entitlement to the relief sought.
Supporting Evidence
The plaint averments were proved by the oral testimony of PW1 and Ext.A1 document and Ext.C1 and C1(a) commission report and plan.
Judgment Evidence:
In the result, the suit is decreed as follows: (1) The line shown in Ext.C1(a) plan with the letters ‘25-F’ is fixed as the eastern boundary of plaint schedule item No.1 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Paulose
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Johny
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No. 1574/1982 of SRO, Ramapuram
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. R Sreenivasan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- V. G Venugopal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To restrain the defendant from unilaterally measuring or altering the boundaries.
Evidence:
In the absence of any contrary evidence, I am of the view that the plaintiff is entitled to get a decree as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The plaintiff used this document to establish ownership of the property.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court relied on this report for measuring and fixing the boundary.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The plan was used to determine the boundary between the properties.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Case Code
Case between Paulose vs Johny regarding fixation of the boundary and a permanent prohibitory injunction
Case Code Year
Case between Paulose vs Johny regarding fixation of the boundary and a permanent prohibitory injunction