Case Summary
Govind.D.C, the plaintiff, is seeking an injunction against Adhul, Salim, and the BCG Horizon Association to prevent them from trespassing into his property. The defendants claim the right to the common areas as a registered association.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained from trespassing into plaint C schedule property and carrying out construction.
Case Type
Civil Suit
Final Judgment
No
The court partially allowed the injunction application, granting relief to the plaintiff by restraining the defendants from trespassing into the plaintiff's property.
Why Plaintiff Won:
The petitioner has proved his absolute right and possession over the plaint C schedule property.
The petitioner has proved his absolute right and possession over the plaint C schedule property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
On the evaluation of the syllogistical contentions of the parties in this case, it is found that plaintiff cannot claim absolute right and possession over plaint A schedule property. The respondents are also entitled for enjoyment of common amenities and facilities.
Judgment Evidence:
In the result, the application is allowed in part as follows: 1) The respondent/defendant is restrained from trespassing into plaint C schedule property and building comprised therein and from carrying out any construction therein except in accordance with due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Govind.D.C
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Adhul
- Relation
- President
- Party Role
- Defendant
- Party Name
- Salim
- Relation
- Secretary
- Party Role
- Defendant
- Party Name
- BCG Horizon Association
Plaintiffs Documents
Copy of Sale Deed No.1893/2011, Copy of Tax receipt, Copy of Building Tax receipt, Copy of Possession Certificate
Defendants Documents
Copy of Certificate of Registration, Copy of Bye Law of Horizon Residence Welfare Association, Photographs
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Haridas.B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Dilmohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sreerag.S.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Aswathy.B.L
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Partly Granted
Description:
Temporary injunction restraining trespass into plaint C schedule property.
Evidence:
The respondent/defendant is restrained from trespassing into plaint C schedule property and building comprised therein and from carrying out any construction therein except in accordance with due process of law.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed No.1893/2011 establishing ownership over the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt pertaining to plaint schedule property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt for the plaint schedule property.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate of plaint schedule property.
Reference:
Ext.A4
Document Type:
Certificate of Registration
Submitted By:
Defendant
Relevance:
Copy of certificate of registration of the association.
Reference:
Ext.B1
Document Type:
Bye Law
Submitted By:
Defendant
Relevance:
Copy of bye law of Horizon Residence Welfare Association.
Reference:
Ext.B2
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs supporting the defendants' claims.
Reference:
Ext.B3 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report evaluating the property and its usage.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan related to the property assessment.
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
Illegal encroachment
Case Code
OS.NO.
Case Code Year
2025