Case Summary
The plaintiffs, C.T.Sebastian and his wife Annie, have filed a suit against the defendant Annieamma Varghese for a permanent prohibitory injunction to prevent illegal construction on their common boundary wall. The plaintiffs claim they are in absolute possession of the property and allege that the defendant is trying to raise the height of the boundary wall unlawfully.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the court found insufficient evidence to support the plaintiffs' claim for a permanent prohibitory injunction against the defendant's alleged illegal construction. The court did not find proof that the southern boundary wall belonged to the plaintiffs.
Key Reasoning:
The plaintiffs failed to prove that the southern boundary wall belonged to them, as there was insufficient evidence to support their claim.
The plaintiffs failed to prove that the southern boundary wall belonged to them, as there was insufficient evidence to support their claim.
Why Defendant Won:
The plaintiffs failed to prove that the southern boundary wall belonged to them, as there was insufficient evidence to support their claim.
The plaintiffs failed to prove that the southern boundary wall belonged to them, as there was insufficient evidence to support their claim.
Supporting Evidence
The available evidence is not sufficient to prove that the plaintiff is entitled for a decree of permanent prohibitory injunction restraining the defendant and her agents and henchmen from raising the height of southern boundary wall of the schedule property.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.T.Sebastian
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Annie
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Annieamma Varghese
- Party Age
- 68
- Relation
- W/o
Plaintiffs Documents
Certified Copy of Sale Deed No. 526/1992, Original Tax receipt, Building Tax Receipt
Defendants Documents
Attested copy of Sale Deed No. 648/1993, Copy of Tax receipt, Copy of complaint to the Police Station
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.S. Bhasurendran Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Kesavankutty Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. G.K.Namboothiri
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V. Sambu Namboothiri
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a decree of permanent prohibitory injunction to restrain the defendant from making illegal construction.
Evidence:
The available evidence is not sufficient to prove that the plaintiff is entitled for a decree of permanent prohibitory injunction restraining the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed pertaining to the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original tax receipt dated 15/07/2009 pertaining to the plaint schedule property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt dated 26/08/2020 related to the plaint schedule property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Attested copy of Sale deed pertaining to the property purchased by the defendant.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt dated 15/06/2020 related to the property of the defendant.
Reference:
Ext.B2
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Copy of the complaint dated 07/10/2020 filed by the defendant before the police station.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report ascertaining the lie and nature of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Rough sketch related to the commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Additional commission report regarding the plaint schedule property.
Reference:
Ext.C2
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 C.T.Sebastian et al vs Annieamma Varghese regarding permanent prohibitory injunction
Case Code Year
Case between C.T.Sebastian et al vs Annieamma Varghese regarding permanent prohibitory injunction