Case Summary
The case involves a dispute between Aloysious Victor and Patricia Rany Bhai.M as plaintiffs and Aravind B Nair and Manju P. V as defendants, regarding the fixation of the boundary of a property. The plaintiffs have sought a permanent prohibitory injunction to restrain the defendants from trespassing onto their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Stay on the act of the Taluk Surveyor to refix the boundary of the property.
Case Type
Civil Suit
Final Judgment
No
The court allowed the application to stay the act of the Taluk Surveyor from refixing the boundaries of the property during the pendency of the suit. The court found that doing so would affect the proceedings.
Why Plaintiff Won:
The court determined that measuring the property boundaries by the Taluk Surveyor would interfere with the ongoing proceedings, as the plaintiffs had already sought similar relief.
The court determined that measuring the property boundaries by the Taluk Surveyor would interfere with the ongoing proceedings, as the plaintiffs had already sought similar relief.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The act of Taluk Surveyor measuring out plaint schedule property during the pendency of suit in which same relief is sought for would affect the proceedings before court.
Judgment Evidence:
Hence for the aforesaid reasons, I am inclined to allow this application and the order shall be communicated to the authority concerned.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aloysious Victor
- Party Role
- Plaintiff
- Party Name
- Patricia Rany Bhai.M
- Party Role
- Defendant
- Party Name
- Aravind B Nair
- Party Role
- Defendant
- Party Name
- Manju P. V
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. Anil Kumar. V C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Jayaraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.Santhosh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Aswathy.M.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Syamkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.D. Arun
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.B.Pradeepkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Simi.U
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Stay the act of Taluk Surveyor to refix the boundary of plaint A schedule property.
Evidence:
The act of Taluk Surveyor measuring out plaint schedule property which is pending consideration of this court would affect the proceedings before this court.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
The court appointed an Adv. Commissioner and Surveyor to measure out the plaint schedule properties and to fix the northern boundary of plaint A schedule property.
Reference:
null
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The court considered the oral arguments presented by both parties.
Reference:
null
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Aloysious Victor et al vs Aravind B Nair et al regarding boundary measurement and injunction
Case Code Year
Case between Aloysious Victor et al vs Aravind B Nair et al regarding boundary measurement and injunction