Case Summary
Sosamma and Ginse George filed a petition against Gibu Skaria and Sarakkutty seeking a temporary prohibitory injunction to prevent the defendants from destroying boundaries and encroaching upon their property. The defendants counterclaimed alleging the plaintiffs were misusing the injunction.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The balance of convenience did not favor the plaintiffs as they failed to establish clear ownership and boundaries of the property.
The balance of convenience did not favor the plaintiffs as they failed to establish clear ownership and boundaries of the property.
Judgment Evidence:
In the result, I.A.2/2024 is dismissed. Ad-interim order of injunction is vacated. I.A.6/2024 is dismissed.
Parties Involved
Plaintiffs
Sosamma (66 years)
Cheerakkaattil house, Oorakam kara, Edakkattuvayal village, Veliyanad P.O, Kanayannoor taluk, Pin - 682 513
Ginse George (42 years)
Cheerakkaattil house, Oorakam Kara, Edakkattuvayal village, Veliyand P.O, Kanayannoor taluk, Pin - 682 313
Defendants
Gibu Skaria (45 years)
Cheerakkaattil house, Oorakam Kara, Edakkattuvayal village, Veliyand P.O, Kanayannoor taluk, Pin - 682 313
Sarakkutty (74 years)
Cheerakkaattil house, Oorakam Kara, Edakkattuvayal village, Veliyand P.O, Kanayannoor taluk, Pin - 682 313
Sinse C Thomas (48 years)
Cheerakkaattil house, Oorakam Kara, Edakkattuvayal village, Veliyand P.O, Kanayannoor taluk, Pin - 682 313
Susan Thomas (74 years)
Cheerakkaattil house, Oorakam Kara, Edakkattuvayal village, Veliyand P.O, Kanayannoor taluk, Pin - 682 313
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The petitioners sought an order of interim prohibitory injunction restraining the respondents from destroying the boundaries and committing waste in the plaint schedule properties.
Evidence:
Hence, point No.1 and 2 are found against the petitioners and respondents respectively. In the result, I.A.2/2024 is dismissed. Ad-interim order of injunction is vacated.
Relief Type:
Injunction
Outcome:
Refused
Description:
The petitioners sought an order of interim injunction restraining the respondents from trespassing into 11.13 ares of property in Block No. 26.
Evidence:
Hence, point No.1 and 2 are found against the petitioners and respondents respectively. In the result, I.A.6/2024 is dismissed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of the sale deed no. 1601/79 of Piravom SRO
Reference:
Ext.A1
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Copy of the will deed no. 189/18 of Piravom SRO
Reference:
Ext.A2
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Copy of the will deed no. 42/82 of Piravom SRO
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of the sale deed no. 1137/82 of Piravom SRO
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of tax receipt bearing no. 9673397 issued by Edakkattuvayal village office
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of the tax receipt bearing no. 9673398 issued by Edakkattuvayal village office
Reference:
Ext.A6
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Copy of Land tax receipt bearing Tandapper no. 5960 issued by Edakkattuvayal village office
Reference:
Ext.B1
Document Type:
Order
Submitted By:
Defendant
Relevance:
Copy of the order issued by Tahsildar (L.R), Kanayannur taluk
Reference:
Ext.B2
Document Type:
Ownership Certificate
Submitted By:
Defendant
Relevance:
Copy of the ownership certificate issued by Edakattuvayal Grama Panchayat
Reference:
Ext.B3
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Copy of photographs (3 nos)
Reference:
Ext.B4
Document Type:
Acknowledgment Receipt
Submitted By:
Defendant
Relevance:
Copy of Acknowledgment receipt issued by Mulanthuruthy Police station
Reference:
Ext.B5
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Copy of the complaint submitted by the 1st defendant before City Police Commissioner, Ernakulam
Reference:
Ext.B6
Document Type:
Acknowledgment Receipt
Submitted By:
Defendant
Relevance:
Copy of acknowledgment receipt issued by Ernakulam Range Office
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Vijimol K.K
Reference:
Ext.C1