Case Summary
The plaintiffs, P.K Rajamma and others, are claiming their inherited property and seeking injunction against the defendants, V.A Subrahmonyan and others, who they allege have encroached on their property. The suit involves issues of property boundaries and access routes stemming from a partition deed.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
The boundaries of plaint A schedule and E schedule properties are fixed as per Ext C1(a) plan.
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs failed to provide sufficient evidence of encroachment.
The plaintiffs failed to provide sufficient evidence of encroachment.
Judgment Evidence:
In the result, the suit is decreed partly as follows: 1) The boundaries of plaint A schedule and E schedule properties are fixed as per Ext C1(a) plan. 2) Ext C1(a) shall form part of decree. 3) Considering the facts and circumstances of the case, defendants are entitled to get the costs of the proceedings from plaintiffs.
Parties Involved
Plaintiffs
P.K Rajamma (67 years)
Ammalu Nivas (Vadakke Mangalassery), Karikkamuri, Monastery Road, Ernakulam Village, Ernakulam District.
P.K Narayanan (62 years)
Ammalu Nivas (Vadakke Mangalssery), Karikkamuri, Monastery Road, Ernakulam Village, Ernakulam District.
P.K Radha (59 years)
Ammalu Nivas (Vadakke Mangalassery), Karikkamuri, Monastery Road, Ernakulam Village, Ernakulam District.
P.K Janaki (57 years)
Ammalu Nivas (Vadakke Mangalassery), Karikkamuri, Monastery Road, Ernakulam Village, Ernakulam District.
P.K Aiyappan (56 years)
Ammalu Nivas (Vadakke Mangalassery), Karikkamuri, Monastery Road, Ernakulam Village, Ernakulam District.
Defendants
V.A Subrahmonyan (72 years)
Vadakke Mangalassery, Karikkamuri, Monastery Road, Ernakulam Village, Ernakulam District.
V.A Lekshmi (80 years)
Karukappilli House, Velloorkkunnam, Moovattupuzha Taluk, from Vadakke Mangalassery, Karikkamuri, Monastery Road, Ernakulam Village, Ernakulam District.
M.I Meenakshi (79 years)
Karimpanakkunnel, Ponnookkara, Thrissur, from Vadakke Mangalassery, Karikkamuri, Monastery Road, Ernakulam Village, Ernakulam District.
Deepak Settu (Age not specified years)
C.C No. 62/4143, Monastery Road, Ernakulam.
Muthu (45 years)
62/4142, Vadakkemangalassery, Monastery Road, Now residing at C.C No. 62/3142, Darppan Building, Opposite BSNL Bhavan, Karikkamuri, Ernakulam.
Reliefs
Relief Type:
Declaration
Outcome:
Partly Granted
Description:
The boundaries of the A schedule and E schedule properties are fixed.
Evidence:
Hence issue no 1 is answered accordingly.
Relief Type:
Other
Outcome:
Granted
Description:
Ext C1(a) shall form part of the decree.
Evidence:
Ext C1(a) shall form part of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are entitled to get the costs of the proceedings from plaintiffs.
Evidence:
Considering the facts and circumstances of the case, defendants are entitled to get the costs of the proceedings from plaintiffs.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the ownership rights of the plaintiffs over the A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proves payment of tax related to the property.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Contains a complaint filed by the second plaintiff regarding the property.
Reference:
Ext.A3
Document Type:
Village Officer’s Report
Submitted By:
Plaintiff
Relevance:
Report concerning the condition and status of the property.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
A notice issued by the Taluk Surveyor for measuring the property.
Reference:
Ext.A5
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Judgment related to the property from the Hon’ble High Court of Kerala.
Reference:
Ext.A6
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
An application submitted by the second plaintiff for property measurement.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report supports the plaintiffs' case regarding ownership and boundaries.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Illustrates the layout of the properties involved in the dispute.
Reference:
Ext.C1(a)