Case Summary
Gomathy Amma is the plaintiff seeking declaration of title and permanent injunction against defendants Anilkumar, Syamala, and Omana for encroachment on her property. The case concerns disputes over property boundaries and ownership rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining defendants from encroaching into the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court has decreed in favor of the plaintiff, confirming her ownership and granting a permanent injunction against the defendants preventing them from encroaching on the property.
Why Plaintiff Won:
The plaintiff established herself as the absolute owner in possession of the plaint schedule property through unchallenged evidence.
The plaintiff established herself as the absolute owner in possession of the plaint schedule property through unchallenged evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court considered the contentions in detail. Through the unchallenged oral and documentary evidence, the plaintiff has established that she is the absolute owner in possession of plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows: It is hereby declared that plaintiff is the absolute owner in possession of plaint schedule property as per sale deed No. 2682/2006 of Kilimanoor S.R.O. dated 04.10.2006. A decree of permanent prohibitory injunction is granted in favour of the plaintiff restraining the defendants from encroaching into the plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gomathy Amma
- Party Age
- 70
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anilkumar
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Syamala
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Omana
- Party Age
- 68
- Relation
- D/o
Plaintiffs Documents
Certified copy of Sale deed No. 2682/2006 of SRO, Kilimanoor, Tax receipt No. 1902248 of Madavoor Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Vakkom Lali Sunil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the plaintiff is the absolute owner in possession of the plaint schedule property.
Evidence:
It is hereby declared that plaintiff is the absolute owner in possession of plaint schedule property as per sale deed No. 2682/2006 of Kilimanoor S.R.O. dated 04.10.2006.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is granted restraining the defendants from encroaching into the plaint schedule property.
Evidence:
A decree of permanent prohibitory injunction is granted in favour of the plaintiff restraining the defendants from encroaching into the plaint schedule property and committing any act of waste therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The plaintiff established ownership of the plaint schedule property based on the sale deed.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The tax receipt served as supporting evidence for the plaintiff's claim of ownership.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Gomathy Amma vs Anilkumar et al regarding declaration of title and possession.
Case Code Year
Case between Gomathy Amma vs Anilkumar et al regarding declaration of title and possession.