Case Summary
Purushan O K filed a suit against Soman and others seeking both mandatory and prohibitory injunctions related to a property dispute involving the demolition of a compound wall and encroachment issues. The plaintiff claims ownership of the property and seeks to prevent further damage by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to reconstruct the demolished compound wall and restraining defendants from causing further damage.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff proved ownership and established that the defendants had demolished the wall without right.
Plaintiff proved ownership and established that the defendants had demolished the wall without right.
Judgment Evidence:
In the result, suit is decreed as follows: 1) 1st and 2nd defendants are directed by a mandatory injunction to construct the demolished portion of E schedule compound wall within a period of three months from date of this judgment.
Parties Involved
Plaintiffs
Purushan O K (60 years years)
'Olikkuzhiyil' House, Mannadi Road, Padamugal, Kakkanad Kara, Vazhakkala Village, Kanayannur Taluk, Ernakulam District
Defendants
Soman (60 years years)
'Olkkuzhiyil' House, Padamugal, Mannadi Road, Kakkanad Kara, Vazhakkala Village, Kanayannur Taluk, Ernakulam District, Kakkanad P O, Kochi - 682 030
Siju T S (26 years years)
'Olikkuzhiyil', Padamugal, Mannadi Road, Kakkanad Kara, Vazhakkala Village, Kanayannur Taluk, Ernakulam District, Kakkanad P O, Kochi - 682 030
Ambika Krishnankutty (45 years years)
'Olkkuzhiyil' House, Padamugal, Mannadi Road, Kakkanad Kara, Vazhakkala Village, Kanayannur Taluk, Ernakulam District, Kakkanad P O, Kochi - 682 030
Krishnapriya O K (25 years years)
'Olikkuzhi', Padamugal, Mannadi Road, Kakkanad Kara, Kakkanad P O, Kochi - 682 030, Kakkanad Kara, Vazhakkala Village, Kanayannur Taluk, Ernakulam District
Akhilkumar O K (23 years years)
'Olikkuzhi', Padamugal, Mannadi Road, Kakkanad Kara, Kakkanad P O, Kochi - 682 030, Kakkanad Kara, Vazhakkala Village, Kanayannur Taluk, Ernakulam District
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Mandatory injunction directing the first and second defendants to reconstruct the 'E' schedule compound wall within three months.
Evidence:
1st and 2nd defendants are directed by a mandatory injunction to construct the demolished portion of E schedule compound wall within a period of three months from date of this judgment...
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants 1 and 2 from demolishing or causing damage to the remaining portions of 'E' schedule compound wall.
Evidence:
1st and 2nd defendants and their men are restrained by a permanent prohibitory injunction from demolishing or causing any damage to the remaining portions of E schedule compound wall...
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are ordered to pay the cost of the suit to the plaintiffs.
Evidence:
Defendants are directed to pay the cost of the suit to plaintiffs.
Documents & Evidence
Document Type:
Patta
Submitted By:
Plaintiff
Relevance:
Certified copy of Patta no: 4883 in LA 175/81 establishing ownership of the plaint 'A' schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt no: 5768343 issued by Vazhakkala Village evidencing payment of property tax.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt no: KL07021609785/20 issued by Vazhakkala Village Office further establishing tax payments related to the property.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate no: 2201/2012 confirming lawful possession of the plaint 'A' schedule property.
Reference:
Ext.A4
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Gift deed no: 276/1991 establishing the transfer of the 'B' schedule property to the first defendant.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement deed no: 1745/2000 establishing rights to the 'C' schedule property.
Reference:
Ext.A6
Document Type:
Complaint Copy
Submitted By:
Plaintiff
Relevance:
Copy of Complaint submitted before SHO Thrikkakara Police Station regarding the demolition of the compound wall.
Reference:
Ext.A7
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photograph subject to proof relevant to the property.
Reference:
Ext.A8
Document Type:
Consent letter
Submitted By:
Defendant
Relevance:
Consent letter regarding right of way used by the defendants.
Reference:
Ext.B1
Document Type:
Reply to RTI
Submitted By:
Defendant
Relevance:
Reply to Right to Information Act regarding the boundary dispute.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report, photographs and compact disc detailing the measurements and conditions of the properties.
Reference:
Ext.C1 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report in IA 5/2022 detailing further findings regarding the boundary situation.
Reference:
Ext.C2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared during the commission detailing the properties involved.
Reference:
Ext.C2(a)