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
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.
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.
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.