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O.S No. 262/2019

Case between Suresh Babu vs State of Kerala et al regarding permanent prohibitory injunction

Court
THE COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2025-09-29
Duration
approximately-6 years 4 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Suresh Babu and Lakshmi, are seeking a permanent prohibitory injunction against the State of Kerala and other governmental defendants. The case involves a dispute over property boundaries following a resurvey, with the plaintiffs arguing that their property has been incorrectly categorized as land belonging to the government.

Judgment Outcome

Plaintiff Won
Interim Order
The court has decreed the suit in favor of the plaintiffs, fixing the western boundary of their property and restraining the defendants from interfering with the plaintiffs' possession.
Judgment Favored
Plaintiff
Relief Granted
The western boundary of plaint A schedule property is fixed as the red line starting from the south-western point of the plot shown as C2-2 till the north-western point of C2-2, having a side measurement of 13.40 meters.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiffs, fixing the western boundary of their property and restraining the defendants from interfering with the plaintiffs' possession.
Why Plaintiff Won:
Plaintiffs have established clear title and possession of the property as per their deed.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The primary contention of the defendants and the very basis of their defense is that upon completion of resurvey, it was found that a portion of plaint schedule property came within the road puramboke land comprised in Re Sy. 27/71, Block 23 of Nadama Village. However, the court held that title and possession are matters to be decided by a Civil Court, and the alleged boundary issues did not negate the plaintiffs' clear title.

Judgment Evidence:

In the result, the suit is decreed as follows; 1) The western boundary of plaint A schedule property is fixed as the red line starting from the south-western point of the plot shown as C2-2 till the north-western point of C2-2, having a side measurement of 13.40 meters. 2) Defendants and their men are restrained from interfering with the plaintiff’s peaceful possession and enjoyment of plaint A schedule property or encroaching into plaint A schedule property or demolishing its compound wall or committing any act of waste therein.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Suresh Babu
Party Age
52
Relation
S/o
Party Role
Plaintiff
Party Name
Lakshmi
Party Age
77
Relation
W/o
Party Role
Defendant
Party Name
State of Kerala
Relation
Represented by
Party Role
Defendant
Party Name
The Deputy Director of Survey and Land Records
Party Role
Defendant
Party Name
The Tahsildar, Kanayannur Taluk
Party Role
Defendant
Party Name
The Village Officer, Nadama Village Office
Party Role
Defendant
Party Name
The Tahsildar (Land Records), Kanayannur Taluk
Plaintiffs Documents
Certified copy of Partition deed No. 1252/1997 of SRO, Thrippunithura; Certified copy of Land tax receipt No. 4594066 issued from Nadama Village office; Certified copy of Possession certificate issued from Nadama Village Office; Certified copy of Thandaper Account issued by the Village Officer, Nadama; Copy of complaints submitted by the plaintiffs to the Deputy Director, Survey & Land Records.
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
K C Eldho
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jijo Thomas
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sindhu Elias K
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Mallenathan M
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Government Pleader
Appearance Type
Government Pleader

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendants and their men are restrained from interfering with the plaintiffs’ peaceful possession.
Evidence:
Defendants and their men are restrained from interfering with the plaintiff’s peaceful possession and enjoyment of plaint A schedule property or encroaching into plaint A schedule property or demolishing its compound wall or committing any act of waste therein.
Relief Type: Fixation of Boundaries
Outcome: Granted
Description:
The western boundary of plaint A schedule property is to be fixed.
Evidence:
The western boundary of plaint A schedule property is fixed as the red line starting from the south-western point of the plot shown as C2-2 till the north-western point of C2-2, having a side measurement of 13.40 meters.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
This document establishes the title of the plaintiffs over the property.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
This document supports the claim of ownership by showing the payment of land tax.
Reference:
Ext.A2
Document Type: Possession Certificate
Submitted By: Plaintiff
Relevance:
This document provides evidence of the plaintiffs' possession of the property.
Reference:
Ext.A3
Document Type: Thandaper Account
Submitted By: Plaintiff
Relevance:
This document further substantiates the plaintiffs' claim over the property.
Reference:
Ext.A4
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
This document shows the complaints made by the plaintiffs regarding the property.
Reference:
Ext.A5
Document Type: Complaint
Submitted By: Plaintiff
Relevance:
This document is part of the evidence regarding disputes related to the property.
Reference:
Ext.A6
Document Type: Notice under Section 80 CPC
Submitted By: Plaintiff
Relevance:
This document illustrates the formal notification given to the defendants.
Reference:
Ext.A7
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
This document presents the defendants' response to the plaintiffs' notice.
Reference:
Ext.A8
Document Type: Final report
Submitted By: Court
Relevance:
This report is used to assess the property boundaries as per the title documents.
Reference:
Ext.C1
Document Type: Survey Sketch
Submitted By: Court
Relevance:
This sketch provides a visual representation of the property boundaries.
Reference:
Ext.C1(a)
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Includes the testimonies of witnesses for both plaintiffs and defendants.
Reference:

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Boundary Dispute
Case Code
Case between Suresh Babu vs State of Kerala et al regarding permanent prohibitory injunction
Case Code Year
Case between Suresh Babu vs State of Kerala et al regarding permanent prohibitory injunction

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/01/2019 - 12:00
Case Closed
From
Mon, 09/01/2025 - 12:00
To
Tue, 09/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Plaintiff

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