Case Summary
The plaintiffs, Raveendran Nair, Sukumaran Nair, and Sadasivan Nair, are seeking to fix the boundary of their property and to obtain injunctions against the defendant, Mohanan, who they allege has unlawfully damaged their land. The defendant denies the allegations and claims the plaintiffs have also engaged in illegal activities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to restore item No.3 portion to its original condition and is restrained from altering the boundaries of item No.1.
Case Type
Original Suit
Final Judgment
No
The court granted the plaintiffs a decree to fix the southern boundary and ordered the defendant to restore the damaged portion of the plaintiffs' property.
Why Plaintiff Won:
The plaintiffs provided credible evidence showing that the defendant's actions caused damage to their property.
The plaintiffs provided credible evidence showing that the defendant's actions caused damage to their property.
Losing Side's Weaknesses:
The plaintiffs provided credible evidence showing that the defendant's actions caused damage to their property.
The plaintiffs provided credible evidence showing that the defendant's actions caused damage to their property.
Supporting Evidence
Going through the commission reports it could be seen that the commissioner had identified the properties. According to the commission report, item No.1 property appears to be in its natural state.
Judgment Evidence:
In the result, the suit was decreed as follows: 1. A-D line shown in the Ext.C2(a) plan is fixed as the southern boundary to separate plaint item No.1 and 2 properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Raveendran Nair
- Party Age
- 66
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sukumaran Nair
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sadasivan Nair
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohanan
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Sale Deed No.1050/2005 of SRO Thalayolaparambu.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N Sreejith
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anish Gopal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adarsh Renjan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to restore item No.3 portion to its original condition.
Evidence:
Plaintiffs were entitled for a decree of mandatory injunction whereby the defendant is directed to restore item No.3 portion to its original condition by reinforcing the southern side of item No.1 property with a basement made of granite from east to west within a period of 15 days from the date of this order.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from altering the boundaries of item No.1.
Evidence:
The defendant or anybody under him was restrained by an order of permanent prohibitory injunction from altering the boundaries of item No.1 and causing any damage in it.
Relief Type:
Declaration
Outcome:
Granted
Description:
Fixing the southern boundary between plaint item No.1 and item No.2.
Evidence:
A-D line shown in the Ext.C2(a) plan is fixed as the southern boundary to separate plaint item No.1 and 2 properties.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.1050/2005 from Thalayolaparambu SRO pertaining to plaint schedule item No.1 property.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. M.G.Renjith regarding the boundaries and condition of the items in the plaint.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared by Adv. Commissioner attached with the commission report.
Reference:
Ext.C1(a)
Document Type:
Survey Commission Report
Submitted By:
Court
Relevance:
Survey commission report filed by Adv. M.G.Renjith detailing the properties and boundaries.
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan prepared by Suresh T.D. Taluk Surveyor, attached with the commission report.
Reference:
Ext.C2(a)
Case Classification
Case Type
Original Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
OS
Case Code Year
2020