Case Summary
P.C Mathew is the plaintiff seeking a permanent prohibitory injunction against Mathew Mathew and George C.J. regarding property boundary disputes. The plaintiff alleges that the defendants threatened to demolish boundaries and encroach on his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing on plaint schedule item No.1 and 2 properties, demolishing the northern boundary of item No.1, constructing retaining wall of the road by encroaching item No.2 property.
Case Type
Civil Suit
Final Judgment
No
The court granted a decree of permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from trespassing on the plaintiff's property and demolishing the boundary.
Why Plaintiff Won:
The evidence showed that defendants were attempting to destroy the boundary kayyala and widen the road, which was not permissible.
The evidence showed that defendants were attempting to destroy the boundary kayyala and widen the road, which was not permissible.
Losing Side's Weaknesses:
The evidence showed that defendants were attempting to destroy the boundary kayyala and widen the road, which was not permissible.
The evidence showed that defendants were attempting to destroy the boundary kayyala and widen the road, which was not permissible.
Supporting Evidence
The oral evidence and documentary evidence shows that defendants are attempting to destroy the boundary kayyala and widen the road. This evidence remains unrebutted.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1 A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing on plaint schedule item No.1 and 2 properties, demolishing the northern boundary of item No.1, constructing retaining wall of the road by encroaching item No.2 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.C Mathew
- Party Age
- 82
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mathew Mathew
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- George C.J.
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Public in 3rd Ward of Chirakkadvau Grama Panchayat
- Party Age
- 54
- Relation
- Represented by
Plaintiffs Documents
Certified copy of partition deed No. 663/1965, Tax receipts dated 16.10.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Alex J Edackattu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aloysius John Madathinkam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing and destroying property boundaries.
Evidence:
A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing on plaint schedule item No.1 and 2 properties.
Relief Type:
Other
Outcome:
Granted
Description:
Cost of the suit to be paid by defendants.
Evidence:
Plaintiff is entitled to get the cost of the suit from defendants 1 and 2 and their assets.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed No.663/1965 establishes plaintiff's claim over the properties.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 16.10.2024 for item No.1 supports ownership claim.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 16.10.2024 for item No.2 supports ownership claim.
Reference:
Ext.A3
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by Commissioner provides evidence in the case.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by Commissioner aids in understanding the property layout.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S.
Case Code Year
2024