Case Summary
The plaintiffs, Dr. S.Krishnan and Arya Sreedharan, are seeking relief against the defendant, Smt. Ammini, for unauthorized construction on a boundary wall separating their properties. The court found that the defendant's construction lacked necessary permits and constituted trespass.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is restrained from making any further unauthorized constructions and directed to dismantle the structures within 2 months.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, restraining the defendant from unauthorized construction and directing her to dismantle the constructed structures.
Why Plaintiff Won:
The court established that the defendant's construction constituted trespass and violated building regulations.
The court established that the defendant's construction constituted trespass and violated building regulations.
Losing Side's Weaknesses:
The court established that the defendant's construction constituted trespass and violated building regulations.
The court established that the defendant's construction constituted trespass and violated building regulations.
Supporting Evidence
The defendant's construction lacked the necessary permissions and was deemed an unauthorized alteration of a party wall, violating both legal rights and municipal regulations.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is restrained from making any further unauthorized constructions within the property of the defendant or putting up any new constructions abutting the southern boundary wall of the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. S.Krishnan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Arya Sreedharan
- Party Age
- 34
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Smt. Ammini
- Party Age
- 70
Plaintiffs Documents
Certified copy of Sale deed No.1013/2005, Certified copy of Sale deed No.1014/2005, Certified copy of Sale deed No.1/2010, Copy of complaint dated 03.06.2016, Copy of stop memo dated 16.06.2016
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. T. Hari Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from making any further unauthorized constructions within the property or putting up new constructions abutting the southern boundary wall.
Evidence:
The defendant is restrained from making any further unauthorized constructions within the property of the defendant or putting up any new constructions abutting the southern boundary wall of the plaint A schedule property or making any constructions in violation of the provisions of the Kerala Municipality Act, 1994 and Kerala Municipality Building Rules 1999.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendant is directed to dismantle and remove the plaint B schedule structures.
Evidence:
The defendant is directed to dismantle and remove the plaint B schedule structures within a period of 2 months from the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to recover costs of the suit.
Evidence:
The plaintiffs are entitled to realise the cost of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.1013/2005, showing ownership of plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.1014/2005, showing ownership of plaint A schedule property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.1/2010, showing ownership of plaint A schedule property.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint dated 03.06.2016 filed regarding unlawful construction by the defendant.
Reference:
Ext.A4
Document Type:
Stop Memo
Submitted By:
Plaintiff
Relevance:
Copy of stop memo dated 16.06.2016 issued against the defendant.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report regarding the alleged construction carried out on the southern compound wall of plaint A schedule property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Another commission report and expert report regarding the construction on the southern compound wall.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Dr. S.Krishnan et al vs Smt. Ammini regarding permanent prohibitory injunction and mandatory injunction
Case Code Year
Case between Dr. S.Krishnan et al vs Smt. Ammini regarding permanent prohibitory injunction and mandatory injunction