Case Summary
The plaintiff, Bindhu.T, seeks a decree for the fixation of boundaries and a permanent prohibitory injunction against the defendant, Prasad, who is encroaching on her property. The defendant contends that there has been no encroachment and seeks dismissal of the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to construct a boundary wall and has been granted a permanent prohibitory injunction against the defendant.
Case Type
Civil Suit
Final Judgment
No
The plaintiff is granted the right to construct a boundary wall separating her property from the defendant's property and is awarded a permanent prohibitory injunction against the defendant. Additionally, the plaintiff is entitled to recover costs from the defendant.
Why Plaintiff Won:
The plaintiff established her case through uncontroverted evidence and documentation.
The plaintiff established her case through uncontroverted evidence and documentation.
Losing Side's Weaknesses:
The plaintiff established her case through uncontroverted evidence and documentation.
The plaintiff established her case through uncontroverted evidence and documentation.
Supporting Evidence
From the uncontroverted testimony of PW1 and Ext.A1 to A6 documents, the plaintiff had established her case warranting the grant of the reliefs sought for in the suit.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The plaintiff is entitled to put up the boundary through ‘LONF’ line as shown in Ext.C2(a) plan and to construct the compound wall through the boundary line to a height of 5 feet using bricks and cement at the joint expenses of plaintiff and defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bindhu.T
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prasad
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Original Sale Deed No.2021/1996, Original Sale Deed No.1088/2000, Tax Receipt, Tax Receipt, Resurvey sketch of Plaint schedule properties, Certified copy of Sale deed No. 1089/2000
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.S. Satheesh kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Poonthura G.Soman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Rakhi.V.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant from trespassing into plaint A-1 and A-2 schedule properties.
Evidence:
Permanent prohibitory injunction is granted restraining the defendant from putting or making any construction along or near the boundary of plaint A-1 and A-2 and plaint B schedule properties in violation to the Kerala Municipal Building Rules or from trespassing into the plaint A-1 and A-2 schedule property and interfering with the peaceful enjoyment of the plaint A-2 and A-2 schedule property by the plaintiff and her family.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is entitled to put up the boundary through ‘LONF’ line and construct the compound wall.
Evidence:
The plaintiff is entitled to put up the boundary through ‘LONF’ line as shown in Ext.C2(a) plan and to construct the compound wall through the boundary line to a height of 5 feet using bricks and cement at the joint expenses of plaintiff and defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the cost of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise the cost of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original Sale Deed No.2021/1996 obtained by the husband of the plaintiff.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original Sale Deed No.1088/2000 obtained by the husband of the plaintiff.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt pertaining to plaint schedule item No.1 property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt pertaining to plaint schedule item No.2 property.
Reference:
Ext.A4
Document Type:
Resurvey Sketch
Submitted By:
Plaintiff
Relevance:
Resurvey sketch of plaint schedule properties.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.1089/2000.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the boundaries and condition of the properties.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch accompanying the commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Second commission report concerning boundary demarcation.
Reference:
Ext.C2
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch accompanying the second commission report.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2013