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
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.
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.
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