Case Summary
The plaintiff Philomina seeks an injunction against the defendants Joy and others for encroaching on her property. The court found that the plaintiff's evidence was uncontested and ruled in her favor.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from widening the pathway and causing obstruction to the plaintiff.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiff provided uncontested evidence supporting her ownership and peaceful possession of the property.
The plaintiff provided uncontested evidence supporting her ownership and peaceful possession of the property.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants, their men or agents or anybody claiming under them are restrained by way of a decree permanent prohibitory injunction from widening the 1.2 meters wide pathway on the northern side of the plaint schedule property by encroaching into the plaint schedule property.
Parties Involved
Plaintiffs
Philomina (74 years years)
Alunkal House, Ponnarimangalam, Mulavukadu, Cochin -4
Defendants
Joy (60 years years)
Maliyekkal house, Ponnarimangalam, Mulavukadu P.O, Ernakulam – 682 504
Sheeba (58 years years)
Maliyekkal House, Ponnarimangalam, Mulavukad P.O, Ernakulam – 682 504
Dhaneej (37 years years)
Pynadath House, Ponnarimangalam, Mulavukad P.O, PIN – 682 504
Dhanya (40 years years)
Pynadath House, Ponnarimangalam, Mulavukad P.O, PIN – 682 504
Kunjappan (80 years years)
Kaniampuram, Poonarimangalam, Mulavukad P.O, PIN – 682 504
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction from widening the pathway or making constructions in the plaint schedule property.
Evidence:
The defendants, their men or agents or anybody claiming under them are restrained by way of a decree permanent prohibitory injunction from widening the 1.2 meters wide pathway on the northern side of the plaint schedule property by encroaching into the plaint schedule property, concreting the same or making any constructions in the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from causing any obstruction to the plaintiff in constructing a compound wall.
Evidence:
A decree of permanent prohibitory injunction restraining the defendants, their men or agents anybody claiming under them is passed restraining the said persons from causing any obstruction to the plaintiff in constructing compound wall on the northern and eastern boundaries of plaint schedule property.
Documents & Evidence
Document Type:
Certified copy of document
Submitted By:
Plaintiff
Relevance:
This document serves as evidence for the partition of the property.
Reference:
Ext.A1
Document Type:
True copy of Sketch
Submitted By:
Plaintiff
Relevance:
This document is referenced as subject to proof.
Reference:
Ext.A2
Document Type:
True copy of Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document shows the payment of tax by the plaintiff, supporting ownership.
Reference:
Ext.A3
Document Type:
Copy of judgment
Submitted By:
Plaintiff
Relevance:
This relates to a previous case which supports the plaintiff's claim.
Reference:
Ext.A4
Document Type:
True copy of Complaint
Submitted By:
Plaintiff
Relevance:
This document pertains to a complaint filed regarding interference with property.
Reference:
Ext.A5
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's evidence and claims.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report is part of the evidence to support the court's decision.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch is referenced in the decree to illustrate property boundaries.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The plaintiff was examined as PW1, providing oral testimony.
Reference: