Case Summary
The plaintiff Sam C. Uthup and defendant C.R Lopez are involved in a legal dispute concerning property boundaries and alleged trespass. The plaintiff seeks a permanent prohibition against the defendant from entering his property, claiming unauthorized demolition of a wall.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from trespassing into the plaint schedule property.
Case Type
Injunction
Final Judgment
No
The court has granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendant from trespassing into the plaint schedule property and committing any acts of waste or mischief.
Why Plaintiff Won:
The court found that the plaintiff was in possession of the plaint schedule property and that the defendant attempted to encroach upon it.
The court found that the plaintiff was in possession of the plaint schedule property and that the defendant attempted to encroach upon it.
Losing Side's Weaknesses:
The court found that the plaintiff was in possession of the plaint schedule property and that the defendant attempted to encroach upon it.
The court found that the plaintiff was in possession of the plaint schedule property and that the defendant attempted to encroach upon it.
Supporting Evidence
The evidence on record would clearly show that the plaintiff is in possession of the plaint schedule property. A person cannot be permitted to trespass upon the property in possession of another person, without any legal backing to effect the same.
Judgment Evidence:
In the result, the suit is partly decreed as follows: the defendant, his men or agents are restrained ... from trespassing into the plaint schedule property and from committing any act of waste or mischief.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sam C. Uthup
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C.R Lopez alias Colman Robert Lopez
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Certified copy of Document No. 4543/2016, Land Tax Receipt issued by Ernakulam Village, 3 Photographs
Defendants Documents
True copy of FMB Sketch issued by Ernakulam Village, True copy of the Complaint submitted before Secretary, Cochin Corporation, Receipt issued by Cochin Corporation, True copy of application filed under Right to Information Act before Information Officer, Cochin Corporation, Receipt issued by Cochin Corporation, Reply issued by Cochin Corporation against the application filed under RTI Act
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. M Subair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dalbi Emmanuel P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Josmy P. Thomas
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought a permanent prohibitory injunction against the defendant from trespassing.
Evidence:
The plaintiff is found to be in possession of the plaint schedule property, as identified in the Ext C1 commission report.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiff sought direction for the defendant to reconstruct the demolished wall and remove unauthorized constructions.
Evidence:
The plaintiff has no request for relief of fixation of boundary nor has taken any steps to have the property properly measured based upon the title document.
Documents & Evidence
Document Type:
Certified copy of document
Submitted By:
Plaintiff
Relevance:
Document establishing ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Receives property tax documentation supporting the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Visual evidence relevant to the condition and status of the property.
Reference:
Ext.A3 series
Document Type:
FMB Sketch
Submitted By:
Defendant
Relevance:
Geographical representation of property boundaries relevant to the dispute.
Reference:
Ext.B1
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Document indicating complaints submitted regarding the plaintiff's actions.
Reference:
Ext.B2
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Acknowledgment of complaint filing by the defendant.
Reference:
Ext.B3
Document Type:
Application under RTI
Submitted By:
Defendant
Relevance:
Application filed to obtain information relevant to the case.
Reference:
Ext.B4
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Acknowledgment response from the Corporation regarding the RTI application.
Reference:
Ext.B5
Document Type:
Reply against RTI
Submitted By:
Defendant
Relevance:
Official response from the Corporation related to the RTI request.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court-appointed commission report providing factual insights into the property dispute.
Reference:
Ext.C1
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sam C. Uthup vs C.R Lopez regarding permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Sam C. Uthup vs C.R Lopez regarding permanent prohibitory injunction and mandatory injunction