Case Summary
The plaintiffs, led by Saraswathi.M, are seeking to prevent the defendant, Mariyamma Gracy, from encroaching upon a pathway that the plaintiffs assert is theirs, as per a partition deed. There are ongoing disputes regarding property access and the rights to the pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent/defendant is restrained from trespassing into the plaint B schedule property and committing waste in the plaint B schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs' application, restraining the defendant from trespassing onto the plaintiffs' claimed pathway.
Why Plaintiff Won:
The petitioner demonstrated a prima facie case, showing the necessity of the pathway for access to their property as supported by the partition deed.
The petitioner demonstrated a prima facie case, showing the necessity of the pathway for access to their property as supported by the partition deed.
Losing Side's Weaknesses:
The petitioner demonstrated a prima facie case, showing the necessity of the pathway for access to their property as supported by the partition deed.
The petitioner demonstrated a prima facie case, showing the necessity of the pathway for access to their property as supported by the partition deed.
Supporting Evidence
It is found that the petitioner is claiming title over the plaint A schedule property by virtue of Ext.A1 deed. The pathway that is provided on the southern side of plaint A schedule property in Ext.A1 deed is described as plaint B schedule pathway.
Judgment Evidence:
In the result, this application stands allowed as follows: The respondent/defendant is restrained from trespassing into the plaint B schedule property and committing waste in the plaint B schedule pathway and from installing the gate in the northern boundary of defendants property opening to the plaint B schedule pathway and from using plaint B schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saraswathi.M
- Party Age
- 96
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Chakrapani.K
- Party Age
- 77
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ponnamma
- Party Age
- 80
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sudarsanan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sugunan
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mariyamma Gracy
Plaintiffs Documents
Partition Deed No.85/1998, Complaint to Tahasildar, Email sent to Secretary, Tax Receipt, Death Certificates of various parties, Notarised copy of power of attorney.
Defendants Documents
Settlement Deed No.2370/2015, Release Deed No.1680/1987, Tax Receipts, Copy of passport of respondent's daughter.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Thirumala.K.Bijukumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt .J.N Jeeja Rani
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The respondent is restrained from trespassing into the plaint B schedule property and using the plaint B schedule pathway.
Evidence:
Hence for the aforesaid reasons, I am satisfied that the petitioner has made out a prima facie case in his favour.
Relief Type:
Costs
Outcome:
Not Decided
Description:
No order as to costs.
Evidence:
3) No order as to costs.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The court referred to the partition deed to establish ownership and rights of the plaintiffs over the plaint A schedule property and access to the plaint B schedule pathway.
Reference:
Ext.A1
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
The document supports the plaintiffs' claim regarding the attempted encroachment by the defendant.
Reference:
Ext.A2
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
This email was sent to the local authorities regarding the encroachment issue.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The tax receipt pertains to the plaint A schedule property, supporting ownership claims.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
These death certificates establish the lineage and ownership rights of the plaintiffs.
Reference:
Ext.A5 to A12
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document gives authority to Midhun Sudhakaran to act on behalf of the sixth plaintiff.
Reference:
Ext.A13
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
This deed establishes the defendant's claim over the property and is cited in the counter-arguments.
Reference:
Ext.B1
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
This deed clarifies property claims of the defendant and is essential for the defense.
Reference:
Ext.B2
Document Type:
Tax Receipts
Submitted By:
Defendant
Relevance:
The receipts support the defendant's claim regarding ownership and usage of their property.
Reference:
Ext.B3
Document Type:
Passport
Submitted By:
Defendant
Relevance:
This document identifies the respondent's daughter, which is relevant to the case.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report provided by the advocate commissioner gives critical findings regarding the location and access of the properties.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Saraswathi.M et al vs Mariyamma Gracy regarding encroachment and temporary injunction
Case Code Year
Case between Saraswathi.M et al vs Mariyamma Gracy regarding encroachment and temporary injunction