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OS. No. 264/2016

Case between Arthur @ Joy, Sofia vs Padmakumari @ Maniyamma regarding permanent injunction and counterclaim.

Court
Additional Munsiff Court, Kollam
Judge
Smt. Sofia.T.A.
Order Date
2025-06-13
Duration
approximately-9 years 3 months
Case Closed
Fri, 06/13/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Arthur @ Joy and Sofia, filed a suit seeking a permanent prohibitory injunction against the defendant, Padmakumari @ Maniyamma, regarding property disputes. The defendant counterclaimed for a declaration and fixation of boundaries related to the same property.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is allowed in part, restraining the defendant from trespassing into the plaint schedule property or creating pathways through it. The counterclaim was dismissed.
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize costs of the suit from the defendant.
Case Type
Civil Suit
Final Judgment
No
The suit is allowed in part, restraining the defendant from trespassing into the plaint schedule property or creating pathways through it. The counterclaim was dismissed.
Why Plaintiff Won:
Plaintiff proved title and possession over the plaint scheduled property and established a threat to their property.
Losing Side's Weaknesses:
Plaintiff proved title and possession over the plaint scheduled property and established a threat to their property.
Supporting Evidence
The finding that the Defendants had denied that right to the Plaintiff establishes that there does exist a threat against the property of the Plaintiff.

Judgment Evidence:

In the result, the suit is allowed in part, is as follows: 1. The defendant and her men are restrained from trespassing into the plaint schedule property and from committing any waste therein.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Arthur @ Joy
Party Age
45
Relation
S/o
Party Role
Plaintiff
Party Name
Sofia
Party Age
37
Relation
W/o
Party Role
Defendant
Party Name
Padmakumari @ Maniyamma
Party Age
55
Plaintiffs Documents
Certified copy of Sale Deed No. 1171/2010, Tax Receipt, Notice
Defendants Documents
Certified copy of Sale Deed No. 3924/1980, Certified Copy of Sale Deed No.918/1988, Tax Receipt

Advocates

Party Role
Plaintiff
Advocate Name
Borris Poul
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Thomas Philip. K
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Nisha.C
Appearance Type
Government Pleader

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
Plaintiffs sought permanent prohibitory injunction against the defendant.
Evidence:
The possession of the plaintiff is admitted by the defendant, establishing threat against the property.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff entitled to realize costs of the suit from the defendant.
Evidence:
Plaintiffs proved the title and possession over the plaint scheduled property.
Relief Type: Other
Outcome: Refused
Description:
Counter claim for declaration and other related reliefs.
Evidence:
Counter claim found against the plaintiff due to lack of substantial evidence.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Establishes ownership and possession of the plaint schedule property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Proves payment of land tax for the property.
Reference:
Ext.A2
Document Type: Notice
Submitted By: Plaintiff
Relevance:
Notifies the defendant regarding the claims made.
Reference:
Ext.A3
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Documents the sale of property relevant to the defendant's claims.
Reference:
Ext.B1
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Further establishes the history of property ownership.
Reference:
Ext.B2
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Original documentation supporting the counterclaim.
Reference:
Ext.B3
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Historical ownership record that supports the defendant's position.
Reference:
Ext.B4
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Further ownership documentation.
Reference:
Ext.B5
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Continues the chain of title for the defendant.
Reference:
Ext.B6
Document Type: Tax receipt
Submitted By: Defendant
Relevance:
Supports claims regarding property tax status.
Reference:
Ext.B7
Document Type: Commission Report
Submitted By: Court
Relevance:
Presents findings regarding the property boundaries and conditions.
Reference:
Ext.C1
Document Type: Mahazar
Submitted By: Court
Relevance:
Details the commissioner's observations during inspection.
Reference:
Ext.C1(a)
Document Type: Sketch
Submitted By: Court
Relevance:
Visual representation of the property layout.
Reference:
Ext.C1(b)
Document Type: Commission Report
Submitted By: Court
Relevance:
Final report on the counterclaim and its conditions.
Reference:
Ext.C2
Document Type: Mahazar
Submitted By: Court
Relevance:
Summarizes findings relevant to property claims.
Reference:
Ext.C2(a)
Document Type: Plan
Submitted By: Court
Relevance:
Depicts the property boundaries as noted by the commissioner.
Reference:
Ext.C2(b)

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Arthur @ Joy, Sofia vs Padmakumari @ Maniyamma regarding permanent injunction and counterclaim.
Case Code Year
Case between Arthur @ Joy, Sofia vs Padmakumari @ Maniyamma regarding permanent injunction and counterclaim.

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Fri, 01/01/2016 - 12:00
Case Closed
Fri, 06/13/2025 - 12:00
From
Thu, 05/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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