Case Summary
The plaintiffs, Vimal Arackal and Bindhu Vimal, are husband and wife, who own adjacent parcels of land in Ernakulam District. They are seeking an injunction against their neighbor, Shaji, to prevent encroachment upon their property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit for permanent prohibitory injunction was dismissed as the plaintiffs failed to prove their case. The court found no evidence of trespass or encroachment by the defendant.
Key Reasoning:
The plaintiffs did not substantiate their claims of trespass or encroachment with adequate evidence.
The plaintiffs did not substantiate their claims of trespass or encroachment with adequate evidence.
Why Defendant Won:
The plaintiffs did not substantiate their claims of trespass or encroachment with adequate evidence.
The plaintiffs did not substantiate their claims of trespass or encroachment with adequate evidence.
Supporting Evidence
The plaintiffs failed to prove their case and the evidence adduced showed that the defendant was using the pathway for ingress and egress.
Judgment Evidence:
In the result, suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vimal Arackal
- Party Age
- 42
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Bindhu Vimal
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed No: 2483/2007, Certified copy of Sale deed No: 1133/2001
Defendants Documents
RTI report of Palarivattam Station, Original receipt no: 1180/PI/PTN/18/EN4 issued from Palarivattam Police Station
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Praveen K Joy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. K A Mohammed Haris
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent injunction restraining the defendant and their men from trespassing into plaint A and B schedule properties.
Evidence:
The court is satisfied that plaintiff has failed to prove his case and the suit is liable to be dismissed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No: 2483/2007 related to plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No: 1133/2001 related to plaint A schedule property.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Original receipt received from Palarivattam Police Station dated 14.10.2018.
Reference:
Ext.B1
Document Type:
RTI Report
Submitted By:
Defendant
Relevance:
RTI report of Palarivattam Station dated 14.10.2018.
Reference:
Ext.B1(a)
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Original receipt received from Palarivattam Police Station dated 21.04.2018.
Reference:
Ext.B2
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Original receipt no: 1180/PI/PTN/18/EN4 issued from Palarivattam Police Station.
Reference:
Ext.B3
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs (9 nos.) related to the case.
Reference:
Ext.B4 series
Document Type:
Negative
Submitted By:
Defendant
Relevance:
Original negative of photographs (subject to proof).
Reference:
Ext.B5
Document Type:
Pen Drive
Submitted By:
Defendant
Relevance:
Pen drive (subject to proof).
Reference:
Ext.B6
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs related to the case.
Reference:
Ext.B7
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs related to the case.
Reference:
Ext.B8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report in IA 8239/2018 dated 01.12.2018.
Reference:
Ext.C1
Document Type:
Photographs and CD
Submitted By:
Court
Relevance:
Photographs and CD submitted to the court.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report in IA 9658/2018 dated 16.03.2019.
Reference:
Ext.C2
Document Type:
Photographs and CD
Submitted By:
Court
Relevance:
Photographs and CD submitted to the court.
Reference:
Ext.C2(a)
Document Type:
Certified copy of Petition Register
Submitted By:
Witness
Relevance:
Certified copy of 2018 Vol I Petition Register Page No: 405.
Reference:
Ext.X1
Document Type:
Certified copy of Petition Register
Submitted By:
Witness
Relevance:
Certified copy of 2018 Vol II Petition Register Page No: 237.
Reference:
Ext.X2
Document Type:
Certified copy of Asset Register
Submitted By:
Witness
Relevance:
Certified copy of Asset register Page No: 257 in Cochin Corporation.
Reference:
Ext.X3
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Trespass
Case Code
Case between Vimal Arackal, Bindhu Vimal vs Shaji regarding permanent prohibitory injunction
Case Code Year
Case between Vimal Arackal, Bindhu Vimal vs Shaji regarding permanent prohibitory injunction