Case Summary
The plaintiffs, Suresh V.K and K.C. Jose, are claiming ownership and protection of their property against the defendants, who include Mathew Yohannan and others. The dispute arose over the defendants' attempts to widen a pathway that the plaintiffs believe encroaches on their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, granting them a permanent prohibitory injunction against the defendants, preventing them from trespassing onto the plaintiffs' property and demolishing their boundary fencing.
Why Plaintiff Won:
Plaintiffs proved ownership and possession of their property, and defendants lacked evidence to support their claims.
Plaintiffs proved ownership and possession of their property, and defendants lacked evidence to support their claims.
Losing Side's Weaknesses:
Plaintiffs proved ownership and possession of their property, and defendants lacked evidence to support their claims.
Plaintiffs proved ownership and possession of their property, and defendants lacked evidence to support their claims.
Supporting Evidence
From the unrebutted evidence of PW1 and Exhibits A1 to A6 & C1 series, it is proved that plaintiffs are the owners-in-possession of plaint schedule properties and the defendants have no right to demolish the boundary fencing of the plaint schedule properties.
Judgment Evidence:
In the result, the suit is decreed as follows; The defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule properties, from demolishing the boundary fencing of the plaint schedule properties and from widening the existing pathway lying between the plaint schedule properties using portions of the plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh V.K
- Party Age
- 51
- Relation
- S/o K.K. Krishnan
- Party Role
- Plaintiff
- Party Name
- K.C. Jose
- Party Age
- 77
- Relation
- S/o K.I. Chandy
- Party Role
- Defendant
- Party Name
- Mathew Yohannan
- Party Age
- 61
- Relation
- S/o Yohannan
- Party Role
- Defendant
- Party Name
- Antony
- Party Age
- 57
- Relation
- S/o Aleyamma
- Party Role
- Defendant
- Party Name
- Sabu
- Party Age
- 55
- Relation
- S/o Gopalan
- Party Role
- Defendant
- Party Name
- Abhishek Sabu
- Party Age
- 24
- Relation
- S/o Sabu
- Party Role
- Defendant
- Party Name
- Kochumon
- Party Age
- 33
- Relation
- S/o Daniel
Plaintiffs Documents
Certified copy of Partition deed No.3266/1122, Tax receipt of plaint A schedule property, Certified copy of Settlement deed No.2729/1985, Tax receipt of plaint item no.1 of B schedule property, Certified copy of Sale deed No.1579/91, Tax receipt of plaint item no.2 of B schedule property.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Boby George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Nanditha Anna Georgy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Kurian George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Varughese C.C.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs sought a permanent prohibitory injunction against the defendants.
Evidence:
the defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule properties, from demolishing the boundary fencing of the plaint schedule properties and from widening the existing pathway lying between the plaint schedule properties using portions of the plaint schedule properties.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition deed proving the ownership of plaint schedule properties.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt for plaint A schedule property.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement deed proving ownership of plaint item no.1 of B schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt for plaint item no.1 of B schedule property.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed proving ownership of plaint item no.2 of B schedule property.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt for plaint item no.2 of B schedule property.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court commission report used to support plaintiffs' claims.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch related to the commission report.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Evidentiary support from oral testimony of PW1.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Unauthorized occupation
Case Code
Case between Suresh V.K et al vs Mathew Yohannan et al regarding injunction
Case Code Year
Case between Suresh V.K et al vs Mathew Yohannan et al regarding injunction