Case Summary
The plaintiff, Suvarna Kumari, filed a suit against her siblings, Vijayamma and Ravi, for a perpetual injunction to prevent them from obstructing her access to her property. The case involves disputes over a pathway and rights to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are permanently restrained from trespassing into the plaint A schedule property and causing obstructions to the plaint B schedule way.
Case Type
Civil Suit
Final Judgment
No
The court partially decreed the suit, restraining the defendants from trespassing into the plaintiff's property and obstructing her access to the pathway. The plaintiff was also awarded costs.
Why Plaintiff Won:
The plaintiff proved her ownership and possession of the property along with evidence that the defendants had obstructed her pathway.
The plaintiff proved her ownership and possession of the property along with evidence that the defendants had obstructed her pathway.
Losing Side's Weaknesses:
The plaintiff proved her ownership and possession of the property along with evidence that the defendants had obstructed her pathway.
The plaintiff proved her ownership and possession of the property along with evidence that the defendants had obstructed her pathway.
Supporting Evidence
The evidence of PW1 coupled with Ext. A1 to A3 documents and C1 to C3 series would prove the apprehension of the plaintiff regarding trespass into the plaint schedule property by the defendants. Pleadings and evidence of the plaintiff remain unchallenged.
Judgment Evidence:
In the result, the suit is decreed in part with costs as follows: 1. The defendants and their men are permanently restrained from trespassing into plaint A schedule property and from causing any obstructions to the peaceful possession and enjoyment of the plaint B schedule way by the plaintiff and also from committing any waste, damage, nuisance or mischief therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suvarna Kumari
- Party Age
- 46
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vijayamma
- Party Age
- 69
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ravi @ Raveendran
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Settlement Deed No. 4482/2014, Land Tax Receipt, Accident Register cum wound certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Neeravil S.Anilkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ram Manoj.A.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants and their men are permanently restrained from trespassing into plaint A schedule property.
Evidence:
The defendants and their men are permanently restrained from trespassing into plaint A schedule property and from causing any obstructions to the peaceful possession and enjoyment of the plaint B schedule way by the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff is remitting land tax for the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Accident Register cum wound certificate
Submitted By:
Plaintiff
Relevance:
Related to incidents involving the plaintiff and defendants during the dispute.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Prepared by the Advocate Commissioner, it identifies the plaint schedule property.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document submitted by Advocate Commissioner related to the commission report.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Supports the commission report with visual evidence.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further commission report submitted by the Advocate Commissioner.
Reference:
Ext.C3
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document related to the commission report submitted by Advocate Commissioner.
Reference:
Ext.C3(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Suvarna Kumari vs Vijayamma, Ravi @ Raveendran regarding injunction
Case Code Year
Case between Suvarna Kumari vs Vijayamma, Ravi @ Raveendran regarding injunction