Case Summary
The case involves plaintiffs Roy Joseph, Benny Joseph, and Biju Joseph seeking permission to cut rubber trees on their properties due to safety concerns. The defendants, Anilkumar E.K., Thankamai, and Thankamma, oppose the petition claiming the trees are not a danger.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permission to cut and remove rubber trees.
Case Type
Civil Suit
Final Judgment
No
The court granted permission for the plaintiffs to cut and remove the rubber trees standing on their properties, citing safety concerns.
Why Plaintiff Won:
The court found that the trees posed a danger to the plaintiffs and their property.
The court found that the trees posed a danger to the plaintiffs and their property.
Losing Side's Weaknesses:
The court found that the trees posed a danger to the plaintiffs and their property.
The court found that the trees posed a danger to the plaintiffs and their property.
Supporting Evidence
The plaintiffs are entitled to maintain, making improvements and taking care of the properties.
Judgment Evidence:
In the result, the petition is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Roy Joseph
- Party Age
- 59
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Benny Joseph
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Biju Joseph
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anilkumar E.K.
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thankamai
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thankamma
- Party Age
- 72
- Relation
- W/o
Plaintiffs Documents
Settlement deed No.704/2022, Settlement deed No.705/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Soni Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sanila Rajmohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. K.S. Ninan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. C.T. Joffy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Permission to cut and remove rubber trees standing in the plaint schedule item No.1 and 2 properties.
Evidence:
Hence they are entitled to get an order of cutting and removing the rubber trees standing in the plaint schedule item No.1 and 2 properties.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the claim of the 1st plaintiff of ownership of plaint schedule item No.1 property.
Reference:
No.704/2022
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the claim regarding plaint schedule item No.2 property belonging to the brother of the 1st plaintiff.
Reference:
No.705/2022
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report shows that the trees are aged and some are in dangerous condition, which supported the plaintiffs' petition.
Reference:
IA 3/2023
Document Type:
High Court Order
Submitted By:
Defendant
Relevance:
This order directed the parties to appear before the Civil Court regarding the trees, relevant to the context of the dispute.
Reference:
WP(C) Nos.14115 of 2024, 12590/2024 and 14195/2024
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
2023