Case Summary
George Thomas is the plaintiff seeking to fix the boundary of his property and prevent Mariyamma and others from causing obstruction. The defendants were absent during the trial.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The western boundary of the plaint schedule property shall be fixed and the defendants are restrained from trespassing.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, establishing the boundary and restraining the defendants from trespassing.
Why Plaintiff Won:
Plaintiff's evidence established his ownership and the necessity to fix the boundary.
Plaintiff's evidence established his ownership and the necessity to fix the boundary.
Losing Side's Weaknesses:
Plaintiff's evidence established his ownership and the necessity to fix the boundary.
Plaintiff's evidence established his ownership and the necessity to fix the boundary.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; 1) The western boundary of the plaint schedule property shall be fixed through line 'BCDEIJKLM' as shown in Exhibit C1 series plan. 2) The defendants and people under them are hereby restrained by a decree of permanent prohibitory injunction...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- George Thomas
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mariyamma
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Joby John
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jyothi John
- Party Age
- 33
- Relation
- D/o
Plaintiffs Documents
Power of Attorney, Copy of sale Deed no. 1305/2010, Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kurian Punnoose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into the plaint schedule property.
Evidence:
The defendants and people under them are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
The western boundary of the plaint schedule property shall be fixed.
Evidence:
The western boundary of the plaint schedule property shall be fixed through line ‘BCDEIJKLM' as shown in Exhibit C1 series plan.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of the plaintiff's father to represent him in the suit.
Reference:
Ext.A1
Document Type:
Copy of sale deed
Submitted By:
Plaintiff
Relevance:
This document proves the plaintiff's ownership of the property in question.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the plaintiff's payment of taxes related to the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides findings relevant to the boundary determination of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
This plan illustrates the boundaries and locations of the properties in question.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between George Thomas vs Mariyamma et al regarding fixation of boundary and Permanent Prohibitory injunction
Case Code Year
Case between George Thomas vs Mariyamma et al regarding fixation of boundary and Permanent Prohibitory injunction