Case Summary
The plaintiff, Retnavally @ Ally, is seeking to fix the boundary of her property and obtain a permanent injunction against the defendants, who are her relatives. The defendants claim ownership of the same property, leading to the dispute over the boundary lines.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and costs.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiff, establishing the boundary and granting a permanent injunction against the defendants. The defendants are restrained from trespassing onto the plaintiff's property and are mandated to respect the fixed boundary.
Why Plaintiff Won:
Plaintiff's claim over the property was substantiated by evidence showing rightful ownership.
Plaintiff's claim over the property was substantiated by evidence showing rightful ownership.
Losing Side's Weaknesses:
Plaintiff's claim over the property was substantiated by evidence showing rightful ownership.
Plaintiff's claim over the property was substantiated by evidence showing rightful ownership.
Supporting Evidence
I have meticulously gone through the evidence adduced from the side of plaintiff. 1st plaintiff filed proof affidavit in tune with the pleadings. He was also relying on Ext. A1 document. Ext.A1 was the certified copy of the gift deed No. 4961/1956 of SRO, Vaikom. From Ext.A1 it can be seen that plaint schedule item No. 1, belongs to the plaintiff as per the B schedule.
Judgment Evidence:
In the result, Suit is decreed with costs as follows: 1. 'G C H' line shown in the Ext.C2(a) plan is fixed as the southern boundary to separate plaint item No.1 and 2 properties. 2. The defendants or anybody under them are restrained by an order of permanent prohibitory injunction from trespassing into item No.1 property, making any constructions therein, diminishing its value, doing any other act detrimental to the rights of plaintiff over item No.1 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Retnavally @ Ally
- Party Age
- 72
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prasannan
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandrika
- Party Age
- 58
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Nirmala
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Asokan
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nidheesh
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Gift Deed No.4961/1956 of SRO, Vaikom
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into item No.1 property.
Evidence:
The defendants or anybody under them are restrained by an order of permanent prohibitory injunction from trespassing into item No.1 property, making any constructions therein, diminishing its value, doing any other act detrimental to the rights of plaintiff over item No.1 property.
Relief Type:
Declaration
Outcome:
Granted
Description:
Southern boundary line fixed to separate the two properties.
Evidence:
"G C H" line shown in the Ext.C2(a) plan is fixed as the southern boundary to separate plaint item No.1 and 2 properties.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the gift deed evidencing the plaintiff's claim to the property.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the identification of the plaint schedule properties.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch accompanying the commission report to visually represent the properties.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further commission report that shows the plan of the properties.
Reference:
Ext.C2
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan submitted by the advocate commissioner showing the layout of the properties.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Retnavally @ Ally vs Prasannan et al regarding fixation of boundary and permanent prohibitory injunction.
Case Code Year
Case between Retnavally @ Ally vs Prasannan et al regarding fixation of boundary and permanent prohibitory injunction.