Case Summary
Soman filed a suit against M.C. Vinayan and others seeking injunction and compensation for alleged trespass and damage to his property. The court evaluated the claims regarding access to the property and determined the rights over the paths leading to it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from entering forcefully into plaint A schedule property or change the physical features of plaint A schedule property or destroy the trees or cultivation in plaint A schedule property by way of perpetual injunction.
Case Type
Civil Suit
Final Judgment
No
The court decreed in part, restraining the defendants from forcefully entering or altering the plaint A schedule property, confirming the plaintiff's right over it but denying any compensation.
Why Plaintiff Won:
The court found the plaintiff entitled to relief due to the established ownership over plaint A schedule property.
The court found the plaintiff entitled to relief due to the established ownership over plaint A schedule property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The advocate commissioner had identified the plaint A schedule property to be lying demarcated with kayyala from plaint B schedule way. The possession of plaintiff over the plaint A schedule property stands established.
Judgment Evidence:
In the result, the suit is decreed in part as follows: Defendants are restrained from entering forcefully into plaint A schedule property or change the physical features of plaint A schedule property or destroy the trees or cultivation in plaint A schedule property by way of perpetual injunction.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Soman
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.C. Vinayan
- Party Role
- Defendant
- Party Name
- Ramakrishnan
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Usha
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Secretary
Plaintiffs Documents
Certified copy of the partition deed No.3148/2011 of SRO, Puthencruz, Copy of the land tax receipt of Village Office, Airapuram, Copy of the decree in O.S.No.11/2007 of the Munsiff's Court, Perumbavoor, Copy of the Judgment in O.S.No.11/2007 of the Munsiff's Court, Perumbavoor
Defendants Documents
Copy compared with the asset register of Payipra Grama Panchayath, Copy compared with the minutes book of the Grama Sabha of ward No.21 of Payipra Grama Panchayath, Copy of the completion certificate compared with original, Report of the Village Officer, Airapuram Village
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mathews K. Vallopilly
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.A. Navas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shaji Samad P.A.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Simi C.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants restrained from entering the plaint A schedule property or changing its features.
Evidence:
In the result, the suit is decreed in part as follows: Defendants are restrained from entering forcefully into plaint A schedule property or change the physical features of plaint A schedule property or destroy the trees or cultivation in plaint A schedule property by way of perpetual injunction.
Relief Type:
Compensation
Outcome:
Refused
Description:
Plaintiff's claim for Rs. 15,000/- as compensation for the loss sustained.
Evidence:
Therefore, I could not find the plaintiff to be entitled for the relief of compensation as prayed for.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Document establishing plaintiff's ownership over plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document relating to the tax of plaint A schedule property.
Reference:
Ext.A2
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Court decree from prior case O.S. No. 11/2007 relevant to the current dispute.
Reference:
Ext.A3
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Judgment document from prior case O.S. No. 11/2007 pertinent to the case at hand.
Reference:
Ext.A4
Document Type:
Commission report and Rough Sketch
Submitted By:
Plaintiff
Relevance:
Documents showing the details of the property addressed in prior case O.S. No. 11/2007.
Reference:
Ext.A5, A5(a)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice issued against the defendants.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the notice sent to the defendants.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of another lawyer notice issued against the defendants.
Reference:
Ext.A8
Document Type:
Commission report and Rough Sketch
Submitted By:
Plaintiff
Relevance:
Documents showing further details of the property relevant to prior case O.S. No. 11/2007.
Reference:
Ext.A9, A9(a)
Document Type:
Asset Register Copy
Submitted By:
Defendant
Relevance:
Document showing that the plaint B schedule way is registered as a public road.
Reference:
Ext.B1
Document Type:
Minutes Book Copy
Submitted By:
Defendant
Relevance:
Document regarding the development of the road by the Panchayat.
Reference:
Ext.B2
Document Type:
Completion Certificate
Submitted By:
Defendant
Relevance:
Document confirming the completion of the public road.
Reference:
Ext.B3
Document Type:
Village Officer Report
Submitted By:
Defendant
Relevance:
Report from the village officer relevant to property matters.
Reference:
Ext.B4
Document Type:
Commission report and Rough Sketch
Submitted By:
Court
Relevance:
Court documents regarding property inspections and road conditions.
Reference:
Ext.C1, C1(a)
Document Type:
Commission report and Rough Sketch
Submitted By:
Court
Relevance:
Further court documents regarding additional property inspections.
Reference:
Ext.C2, C2(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Unauthorized occupation
Case Code
Case between Soman vs M.C. Vinayan et al regarding injunction and compensation
Case Code Year
Case between Soman vs M.C. Vinayan et al regarding injunction and compensation