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O.S. No. 188/2019

Case between Satheedevi vs Balakrishnan @ Gopalakrishnan et al regarding boundary fixation and injunction

Court
THE COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Alshari A.
Order Date
2025-03-21
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The case involves a dispute between Satheedevi and multiple defendants regarding the fixation of boundaries of property and seeking injunctions against encroachment. The plaintiff claims that the defendants have encroached upon her property.

Judgment Outcome

Plaintiff Won
Interim Order
The court found the suit maintainable and dismissed the contentions raised by the defendants. The suit was filed for boundary fixation and injunction due to encroachment by the defendants.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found the suit maintainable and dismissed the contentions raised by the defendants. The suit was filed for boundary fixation and injunction due to encroachment by the defendants.
Why Plaintiff Won:
The court concluded that the earlier suit was dismissed for default, allowing the plaintiff to file this fresh suit.
Losing Side's Weaknesses:
The court concluded that the earlier suit was dismissed for default, allowing the plaintiff to file this fresh suit.
Supporting Evidence
On the perusal of records, it is clear that, the earlier suit was not dismissed as withdrawn under Order 23 Rule 3.

Judgment Evidence:

Therefore, a subsequent suit filed would not be hit by Order 23 Rule 4 when the earlier suit was dismissed for default.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Satheedevi
Party Age
67
Relation
D/o
Party Role
Defendant
Party Name
Balakrishnan @ Gopalakrishnan
Party Age
68
Party Role
Defendant
Party Name
Sukumari
Party Age
60
Relation
W/o
Party Role
Defendant
Party Name
Sreejith
Party Age
33
Relation
S/o
Party Role
Defendant
Party Name
Sreeja
Party Age
30
Relation
D/o
Party Role
Defendant
Party Name
Prathapachandran
Party Age
60
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P.T. Geevarghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Praju K. Paul
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Nezil Muhammad
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
G. Govindan Nair
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
George Mathew
Appearance Type
Main Counsel

Reliefs

Relief Type: Mandatory Injunction
Outcome: Refused
Description:
The plaintiff sought a mandatory injunction to dismantle constructions made by the defendant on the plaintiff's property.
Evidence:
Plaintiff is not entitled for any of the reliefs sought for.
Relief Type: Perpetual Injunction
Outcome: Refused
Description:
The plaintiff requested perpetual injunction to restrain the defendants from trespassing and obstructing access to the plaint scheduled properties.
Evidence:
Plaintiff is not entitled for any of the reliefs sought for.
Relief Type: Fixation of Boundary
Outcome: Refused
Description:
The plaintiff sought to fix the boundaries between the properties of the plaintiff and defendants.
Evidence:
Plaintiff is not entitled for any of the reliefs sought for.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
This document was referenced to establish the partition of property that the plaintiff claims.
Reference:
No. 4812/06
Document Type: Title deed
Submitted By: Plaintiff
Relevance:
This document was mentioned to show the transfer of property to the plaintiff from her husband.
Reference:
No. 4350/98
Document Type: Title deed
Submitted By: Defendant
Relevance:
These documents were cited to claim that the defendants had received property under these deeds.
Reference:
No. 5327/15 and 1230/16
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Oral evidence was considered regarding the disputes and contentions presented by both parties.
Reference:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Satheedevi vs Balakrishnan @ Gopalakrishnan et al regarding boundary fixation and injunction
Case Code Year
Case between Satheedevi vs Balakrishnan @ Gopalakrishnan et al regarding boundary fixation and injunction

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
75%

Involved Entities

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