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O.S No. 413/2018

Case between Preetha vs Sivan kutty Chettiyar @ Sivankutty, Janaki regarding fixation of boundary and injunction.

Court
THE COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Jyothi Babu R.
Order Date
2025-03-29
Duration
approximately-7 years 2 months
Case Closed
Sat, 03/29/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Preetha, the plaintiff, is seeking a legal ruling on the boundary of her property against the defendants Sivan kutty Chettiyar and Janaki. The case involves claims of obstruction by the defendants during the construction of a boundary.

Judgment Outcome

Plaintiff Won
Interim Order
The court ruled in favor of the plaintiff, allowing the fixation of the southern boundary of the property and issued prohibitory and mandatory injunctions against the defendants.
Judgment Favored
Plaintiff
Relief Granted
The southern boundary to be fixed and the defendants restrained from trespassing.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing the fixation of the southern boundary of the property and issued prohibitory and mandatory injunctions against the defendants.
Why Plaintiff Won:
The court found the plaintiff's claims supported by clear evidence and no evidence was presented to contest it.
Losing Side's Weaknesses:
The court found the plaintiff's claims supported by clear evidence and no evidence was presented to contest it.
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 southern boundary of the plaint schedule property shall be fixed through 'GH' line shown in Exhibit C1(a) plan. 2) The defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property, from destroying the boundaries therein and from committing any acts of waste therein.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Preetha
Party Age
46
Relation
W/o
Party Role
Defendant
Party Name
Sivan kutty Chettiyar @ Sivankutty
Party Age
52
Party Role
Defendant
Party Name
Janaki
Party Age
60
Plaintiffs Documents
Copy of sale deed No.1296/2014, Tax receipt
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
T.P. Pradeep kumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Josekutty Mathew
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
G. Jayasankar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
S. Hariharan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Declaration
Outcome: Granted
Description:
Fixation of the southern boundary of the plaint schedule property.
Evidence:
The southern boundary of the plaint schedule property shall be fixed through 'GH' line shown in Exhibit C1(a) plan.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Permanent prohibitory injunction against trespassing and destruction of boundaries by the defendants.
Evidence:
The defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property, from destroying the boundaries therein and from committing any acts of waste therein.
Relief Type: Mandatory Injunction
Outcome: Granted
Description:
Order for defendants to cut and remove tree branches hanging towards the plaint schedule property.
Evidence:
The defendants are hereby directed by a decree of mandatory injunction to cut and remove the branches of the trees hanging towards the plaint schedule property, within a period of 3 (three) months from today.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Establishes the ownership and boundaries of the plaintiff's property.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Supports the plaintiff's claims regarding property ownership.
Reference:
Ext.A2
Document Type: Commission Report
Submitted By: Court
Relevance:
Provides a detailed account of the property's boundaries examined by the court.
Reference:
Ext.C1
Document Type: Plan
Submitted By: Court
Relevance:
Illustrates the fixed boundary of the plaint schedule property.
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 Preetha vs Sivan kutty Chettiyar @ Sivankutty, Janaki regarding fixation of boundary and injunction.
Case Code Year
Case between Preetha vs Sivan kutty Chettiyar @ Sivankutty, Janaki regarding fixation of boundary and injunction.

Quick Facts

Location
Kottayam District
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Mon, 01/15/2018 - 12:00
Case Closed
Sat, 03/29/2025 - 12:00
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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