Case Summary
The case involves V.M.Jayaprakasan and additional plaintiffs seeking a permanent injunction against Ushakumary and others to prevent obstruction of boundary wall construction on their property. The plaintiffs claim ownership and the defendants are accused of attempting to encroach on the plaint schedule property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their men are permanently restrained from obstructing the construction of boundary wall on the western side of the plaint schedule property and from encroaching into the plaint schedule property or converting any portion of it into a pathway.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs, permanently restraining the defendants from obstructing construction on the western side of the plaint schedule property and from encroaching the property.
Why Plaintiff Won:
The plaintiff proved ownership and lack of rights from the defendants.
The plaintiff proved ownership and lack of rights from the defendants.
Losing Side's Weaknesses:
The plaintiff proved ownership and lack of rights from the defendants.
The plaintiff proved ownership and lack of rights from the defendants.
Supporting Evidence
The plaintiff’s case is that the defendants are trying to widen a pathway having 1 metre width situated on the southern side of plaint schedule property by encroaching some portions of the plaint schedule property. Hence the plaintiffs tried to construct a boundary wall.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. The defendants and their men are permanently restrained from obstructing the construction of boundary wall on the western side of the plaint schedule property and from encroaching into the plaint schedule property or converting any portion of it into a pathway and also from committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V.M.Jayaprakasan
- Party Age
- 77
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Radhamma
- Party Age
- 70
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- V.J.Dileep Kumar
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Meera.R.J
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ushakumary
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kiran
- Party Age
- 28
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kishore
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Certified copy of Settlement Deed No. 623/1981, Land Tax Receipt, Survey Sketch of the plaint schedule property, Death Certificate of Late V.M Jayaprakasan, Land Tax Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Haripriya
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S.Sunil Narayanan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Latheesh R.Prasad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shyam Prakash
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanently restraining the defendants from obstructing the construction of boundary wall and from encroaching into the plaint schedule property.
Evidence:
The defendants and their men are permanently restrained from obstructing the construction of boundary wall on the western side of the plaint schedule property and from encroaching into the plaint schedule property or converting any portion of it into a pathway and also from committing any waste therein.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No. 623/1981 establishing the plaintiff's ownership and rights over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt confirming the plaintiff's payment of land tax under Thandapper No. 3203.
Reference:
Ext.A2
Document Type:
Survey Sketch
Submitted By:
Plaintiff
Relevance:
The survey sketch of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Late V.M Jayaprakasan.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt issued for the year 2024.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of settlement deed No. 497/1/24.
Reference:
Ext.A6
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Site approval and building permit for construction.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared and submitted by Advocate Commissioner Soumya.G.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Another commission report prepared and submitted by the same Advocate Commissioner.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between V.M.Jayaprakasan et al vs Ushakumary et al regarding injunction
Case Code Year
Case between V.M.Jayaprakasan et al vs Ushakumary et al regarding injunction