Case Summary
The suit involves siblings Antony and Shibu disputing the boundary of their inherited property, leading to unlawful encroachment by Shibu which Antony seeks to remedy.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, Antony, granting boundary construction, removal of unauthorized wall, and restraining further encroachment by the defendant, Shibu.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Antony
- Party Age
- 56
- Relation
- S/o. Yohannan
- Party Role
- Defendant
- Party Name
- Shibu
- Party Age
- 48
- Relation
- S/o. Yohannan
Plaintiffs Documents
Certified copy of Will Deed No.349/2010 of SRO, Puthencruz
Defendants Documents
Advocates
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Permission granted to construct boundary as per commission plan
Evidence:
The plaintiff is permitted to construct the boundary as shown in the Commission plan
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to remove unauthorized wall and abstain from encroaching plaintiff's property
Evidence:
The defendant is directed to remove the unauthorized wall constructed within the plaintiff's property
Documents & Evidence
Document Type:
Certified copy of Will Deed
Submitted By:
Plaintiff
Relevance:
The plaintiff submitted this document as evidence to prove ownership of the property
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court considered this report along with a survey sketch to determine the true boundary
Reference:
Ext.C1
Document Type:
Survey Sketch
Submitted By:
Court
Relevance:
The court utilized this sketch as part of the evidence for the boundary dispute
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Boundary Dispute
Case Code
Case between Antony vs Shibu et al regarding Declaration, boundary fixation, and injunction
Case Code Year
Case between Antony vs Shibu et al regarding Declaration, boundary fixation, and injunction