Case Summary
The plaintiff, Jacob Kurian, claims ownership of property and seeks to prevent the defendant, O A Thressiamma, from making unauthorized constructions. The case stems from previous mediation regarding property boundaries.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is restrained from making construction and must remove an unauthorized post within 3 months.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, restraining the defendant from making any constructions on the relevant properties.
Why Plaintiff Won:
The evidence and documents presented by the plaintiff established the case without rebuttal from the defendant.
The evidence and documents presented by the plaintiff established the case without rebuttal from the defendant.
Losing Side's Weaknesses:
Not available
Not available
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 defendant and her men are hereby restrained from making any construction on the compound wall of the plaint schedule item no.1 property and in plaint schedule item no.2 property. 2.The defendant and her men are hereby directed to remove the iron post/pillar unauthorisedly installed on the compound wall of plaint schedule item no.2 property within a period of 3 months from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jacob Kurian
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- O A Thressiamma
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Copy of Partition Deed, Tax receipt, Copy of Judgment in OS 165/2015, Copy of Decree in OS 165/2015
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sajan A Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant and her men restrained from making construction on the properties.
Evidence:
The defendant and her men are hereby restrained from making any construction on the compound wall of the plaint schedule item no.1 property and in plaint schedule item no.2 property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to remove the iron post/pillar installed on the compound wall.
Evidence:
The defendant and her men are hereby directed to remove the iron post/pillar unauthorisedly installed on the compound wall of plaint schedule item no.2 property within a period of 3 months from the date of decree.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim regarding the property.
Reference:
Ext.A2
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Relates to the previous suit OS 165/2015, reinforcing the plaintiff's rights.
Reference:
Ext.A3
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Affirms the outcome of the previous suit OS 165/2015.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided evidence for the court's findings.
Reference:
Ext.C1
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 Jacob Kurian vs O A Thressiamma regarding permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Jacob Kurian vs O A Thressiamma regarding permanent prohibitory injunction and mandatory injunction