Case Summary
Sherry Rose is the plaintiff claiming ownership of property under a Will and seeking an injunction to stop the defendants from obstructing her construction of a compound wall. The defendants contest her claims and assert legal rights over the land.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Injunction
Final Judgment
No
Key Reasoning:
The plaintiff did not prove title or rights to the property.
The plaintiff did not prove title or rights to the property.
Judgment Evidence:
In the result, the suit is dismissed. The parties are directed to suffer their respective costs to the suit.
Parties Involved
Plaintiffs
Sherry Rose (53 years years)
Padapurackal, Cheranelloor Desom, Cheranelloor Village, Kanayannoor Taluk
Defendants
Vipin Raj (37 years years)
Puzhakkarakadavil, Kothadu P. O, PIN - 682 027.
Robin (48 years years)
Cherukadavil House, Korampadam, Kothadu P.O
Michael (57 years)
Chmmanykodath House, Korampadam, Kothadu P.O.
Antappan (48 years)
Kooliyath House, Korampadam, Kothad P.O.
Kadamakudy Grama Panchayath (Age not specified years)
Kadamakudy Grama Panchayath Office, Pizhala P.O - 682 027, Ernakulam.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction restraining the defendants from entering into the plaint schedule property or obstructing the construction of the compound wall
Evidence:
It is answered that the plaintiff is not entitled to a decree of permanent prohibitory injunction as prayed for in the case at hand.
Documents & Evidence
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
Proof of ownership of the plaint schedule properties
Reference:
Ext.A1
Document Type:
Survey Sketch
Submitted By:
Plaintiff
Relevance:
Subject to objection regarding authenticity
Reference:
Ext.A2
Document Type:
Certificate issued by Special Thahasildar
Submitted By:
Plaintiff
Relevance:
Evidence of property certification
Reference:
Ext.A3
Document Type:
Attested Survey Sketch
Submitted By:
Plaintiff
Relevance:
Additional proof related to the survey of the property
Reference:
Ext.A4
Document Type:
Approved Plan
Submitted By:
Plaintiff
Relevance:
Plan sanctioned by the Panchayat for construction
Reference:
Ext.A6
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Permission granted by the Panchayat for construction
Reference:
Ext.A7
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment for the property
Reference:
Ext.A8
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment for the property
Reference:
Ext.A9
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment related to building
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report assessing the situation regarding property boundaries
Reference:
Ext.C1
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Document related to communication from the Panchayat
Reference:
Ext.B1
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Legal notice concerning the case
Reference:
Ext.B2
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Response to the legal notice
Reference:
Ext.B3
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Correspondence related to the case
Reference:
Ext.B4
Document Type:
Asset Register Copy
Submitted By:
Defendant
Relevance:
Document proving dimensions of Panchayat road
Reference:
Ext.B5
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Official communication from the Panchayat
Reference:
Ext.B6
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Legal communication regarding case details
Reference:
Ext.B8
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Further communication in response to previous notices
Reference:
Ext.B10
Document Type:
Court Order Copy
Submitted By:
Defendant
Relevance:
Document detailing the court's order
Reference:
Ext.B11
Document Type:
Affidavit Copy
Submitted By:
Defendant
Relevance:
Document related to the impleading petition
Reference:
Ext.B13