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OS No.300/2016

Case between Pathrose Fernandez vs Stancilas Fernandez et al regarding boundary and permanent prohibitory injunction

Court
ADDITIONAL MUNSIFF-III
Judge
Smt. Sreelakshmi.C
Order Date
2025-02-28
Duration
approximately-8 years 3 months 28 days
Case Closed
Fri, 02/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Pathrose Fernandez filed a suit against Stancilas Fernandez and Henry Fernandez concerning a dispute over property boundaries and seeking permanent injunction against trespassing. The plaintiff alleges that the defendants have encroached on his property and seeks a decree for a boundary wall.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the suit, finding that there were no well-defined boundaries separating the properties in question. The plaintiff's request for an injunction and boundary construction was therefore denied.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, finding that there were no well-defined boundaries separating the properties in question. The plaintiff's request for an injunction and boundary construction was therefore denied.
Key Reasoning:
The court determined that the plaintiff failed to prove the existence of well-defined physical boundaries necessary for the relief sought.
Why Defendant Won:
The court determined that the plaintiff failed to prove the existence of well-defined physical boundaries necessary for the relief sought.
Supporting Evidence
The relevant portion in Ext.C1 commission report reads as follows: 'the boundary separating plaint A schedule property with the property of defendant is not identifiable.'

Judgment Evidence:

In the result, the suit is dismissed. No order as to costs.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Pathrose Fernandez
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Stancilas Fernandez
Party Age
53
Relation
S/o
Party Role
Defendant
Party Name
Henry Fernandez
Party Age
53
Relation
S/o
Plaintiffs Documents
Certified copy of Gift Deed No.2699/1982, Certified copy of Sale Deed No.3294/1989, Copy of Complaint before SHO, Valiyathura, Copy of Wound Certificate
Defendants Documents
Certified copy of Gift Deed No. 3295/1989, Certified copy of Sale Deed No. 3296/1989

Advocates

Party Role
Plaintiff
Advocate Name
Smt. M.V. Vinusha
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. M.S Preetha Rani
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. N. Krishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.V.K.Harikumar
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. Dileep Sathyan.S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. S.N.Sivalal
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
Relief of permanent prohibitory injunction to restrain the defendant from encroaching upon plaint A schedule property.
Evidence:
I am not inclined to grant the relief of permanent prohibitory injunction.
Relief Type: Other
Outcome: Refused
Description:
Decree for putting up of boundary on the western and southern side of plaint A schedule property separating it from the property of defendant.
Evidence:
I cannot allow the prayer for putting up of boundary on the western and southern side of plaint A schedule property as its boundary is not identifiable.

Documents & Evidence

Document Type: Gift Deed
Submitted By: Plaintiff
Relevance:
Original Gift deed was produced and marked as Ext.A1.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Certified copy of sale deed is marked as Ext.A2.
Reference:
Ext.A2
Document Type: Police Complaint
Submitted By: Plaintiff
Relevance:
Copy of complaint filed before Sub Inspector of Police is marked as Ext.A3.
Reference:
Ext.A3
Document Type: Wound Certificate
Submitted By: Plaintiff
Relevance:
Copy of wound certificate is marked as Ext.A4.
Reference:
Ext.A4
Document Type: Gift Deed
Submitted By: Defendant
Relevance:
Certified copy of deeds are marked as Ext.B1.
Reference:
Ext.B1
Document Type: Sale deed
Submitted By: Defendant
Relevance:
Certified copy of deeds are marked as Ext.B2.
Reference:
Ext.B2
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report and rough sketch were marked as Ext.C1.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Commission report and rough sketch were marked as Ext.C1(a).
Reference:
Ext.C1(a)

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 Pathrose Fernandez vs Stancilas Fernandez et al regarding boundary and permanent prohibitory injunction
Case Code Year
Case between Pathrose Fernandez vs Stancilas Fernandez et al regarding boundary and permanent prohibitory injunction

Quick Facts

Location
THIRUVANANTHAPURAM
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Sun, 02/28/2016 - 12:00
Case Closed
Fri, 02/28/2025 - 12:00
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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