Case Summary
The plaintiffs, Omana and Shalini, are seeking a permanent prohibitory injunction against the defendants, Sivakumar, Geetha Kumari, and Vasanthakumari, regarding trespass and the construction of compound walls on their property. The plaintiffs allege that the defendants have been illegally trespassing onto their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allows the plaintiffs to construct compound walls and restrains defendants from trespassing.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, allowing them to construct boundary walls and restraining the defendants from trespassing. The plaintiffs are also entitled to recover costs of the suit from the defendants.
Why Plaintiff Won:
Plaintiffs' ownership and possession over the plaint schedule property is proved.
Plaintiffs' ownership and possession over the plaint schedule property is proved.
Losing Side's Weaknesses:
Plaintiffs' ownership and possession over the plaint schedule property is proved.
Plaintiffs' ownership and possession over the plaint schedule property is proved.
Supporting Evidence
From the oral and documentary evidence adduced from the side of plaintiff, the plaintiffs’ ownership and possession over the plaint schedule property is proved.
Judgment Evidence:
In the result, the suit is decreed as follows: (i) The plaintiffs are allowed to put up compound walls with granite foundation and bricks on the existing northern and western boundary of the plaint A and B schedule properties. (ii) The defendants are restrained from trespassing into the plaint schedule properties and from creating any way through the plaint schedule properties. (iii) Considering the facts and circumstances, the plaintiffs are entitled to realise costs of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Omana
- Party Age
- 71
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shalini
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sivakumar
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Geetha Kumari
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vasanthakumari
- Party Age
- 58
- Relation
- W/o
Plaintiffs Documents
Copy of sale deed No.2394/1994, Copy of sale deed No.924/2005, Tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.Jayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing into the plaint schedule properties.
Evidence:
The defendants are restrained from trespassing into the plaint schedule properties and from creating any way through the plaint schedule properties.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are allowed to put up compound walls on the existing northern and western boundary of the plaint A and B schedule properties.
Evidence:
The plaintiffs are allowed to put up compound walls with granite foundation and bricks on the existing northern and western boundary of the plaint A and B schedule properties.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to realise costs of the suit from the defendants.
Evidence:
Considering the facts and circumstances, the plaintiffs are entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of sale deed No.2394/1994 of Kazhakuttom SRO establishing ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of sale deed No.924/2005 of Kazhakuttom SRO establishing ownership of the plaint B schedule property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 30/05/2024 related to the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt produced by the plaintiff dated 30/05/2024 related to the plaint B schedule property.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Unauthorized occupation
Case Code
Case between Omana et al vs Sivakumar et al regarding boundary and injunction.
Case Code Year
Case between Omana et al vs Sivakumar et al regarding boundary and injunction.