Case Summary
The plaintiff, Sukanya Devi, has filed a suit seeking a permanent prohibitory injunction and fixation of boundary against her siblings and mother. The case revolves around property ownership and the defendants allegedly obstructing her possession of the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit has been dismissed as the properties were not properly identified, making it impossible to grant the reliefs sought by the plaintiff.
Key Reasoning:
The properties were not properly identified, which is essential for granting relief.
The properties were not properly identified, which is essential for granting relief.
Why Defendant Won:
The properties were not properly identified, which is essential for granting relief.
The properties were not properly identified, which is essential for granting relief.
Supporting Evidence
In order to grant the relief of injunction as well as fixation of boundary identity of property is sina qua non.
Judgment Evidence:
In the result, the suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sukanya Devi
- Party Age
- 49
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Suresh Raj
- Party Age
- 48
- Party Role
- Defendant
- Party Name
- Sunil raj
- Party Age
- 47
- Party Role
- Defendant
- Party Name
- Padmavathi
- Party Age
- 72
- Relation
- D/o
Plaintiffs Documents
Certified copy of settlement deed No. 893/90, Certified copy of sale deed No. 2212/90, Release deed No. 2897/90, Certified copy of sale deed No. 1169/2003, Possession certificate, Location certificate No. 272/05, Original Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Anilprasad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the defendants from entering the property.
Evidence:
Without identifying the properties, it is not possible to grant the reliefs sought for.
Relief Type:
Fixation of Boundary
Outcome:
Refused
Description:
The plaintiff sought fixation of the boundary between the two properties.
Evidence:
Without identifying the properties, it is not possible to grant the reliefs sought for.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No. 893/90 establishing plaintiff's ownership over the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 2212/90 relevant to ownership transfer.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Release deed No. 2897/90 indicating the release of rights over the property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 1169/2003 relevant to the sale of part of the property.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate establishing current possession over the property.
Reference:
Ext.A5
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
Location certificate No. 272/05 providing details of property location.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original tax receipt proving tax payments related to the property.
Reference:
Ext.A7
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 Sukanya Devi vs Suresh Raj, Sunil raj, Padmavathi regarding permanent prohibitory injunction and fixation of boundary.
Case Code Year
Case between Sukanya Devi vs Suresh Raj, Sunil raj, Padmavathi regarding permanent prohibitory injunction and fixation of boundary.