Case Summary
The plaintiff, Sreedevan. K, seeks a permanent prohibitory injunction against the defendant, Vimy Elizabeth Scaria, who allegedly started construction violating building rules and threatened to encroach upon the plaintiff's property. The case revolves around property ownership and construction rights.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Permanent prohibitory injunction against the defendant from trespassing and demolishing the boundary wall
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, restraining the defendant from demolishing the southern boundary wall of the plaint B schedule property and trespassing into the plaint A schedule property but allowing no order as to costs.
Key Reasoning:
The plaintiff established ownership over the plaint A schedule property and the defendant was found to have carried out construction with valid permits.
The plaintiff established ownership over the plaint A schedule property and the defendant was found to have carried out construction with valid permits.
Losing Side's Weaknesses:
The plaintiff established ownership over the plaint A schedule property and the defendant was found to have carried out construction with valid permits.
The plaintiff established ownership over the plaint A schedule property and the defendant was found to have carried out construction with valid permits.
Supporting Evidence
The available evidences not sufficient to prove that plaintiff is entitled for injunction relief as prayed for. The defendant has carried out construction in plaint B schedule property which absolutely belongs to him in due compliance of Municipality Building Rules after obtaining the building plan and permit.
Judgment Evidence:
The suit is decreed in part as follows: 1) The defendant is restrained from demolishing the southern boundary wall of the plaint B schedule property, trespassing into the plaint A schedule property. 2) No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreedevan. K
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vimy Elizabeth Scaria
- Party Age
- 48
Plaintiffs Documents
Nil Certified Copy of Settlement Deed, Tax Receipt, Stop Memo
Defendants Documents
Approved Plan and Building Permit No.ZK2/BA/05/2023
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anil Kumar. A.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. A. Santhosh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Anand. A.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Plaintiff sought to restrain the defendant from demolishing the southern wall and trespassing.
Evidence:
The plaintiff is entitled for a decree of permanent prohibitory injunction to restrain the defendant and her henchmen from trespassing into plaint A schedule property and from demolishing the southern boundary wall of plaint B schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the settlement deed showing plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt pertaining to plaint A schedule property, demonstrating ongoing tax payments.
Reference:
Ext.A2
Document Type:
Stop Memo
Submitted By:
Plaintiff
Relevance:
Stop memo issued by the corporation regarding unauthorized construction.
Reference:
Ext.A3
Document Type:
Building Permit
Submitted By:
Defendant
Relevance:
Approved plan and building permit obtained by the defendant for construction.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and rough sketch pertaining to construction evaluation.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch accompanying the commission report.
Reference:
Ext.C1(a)
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 Sreedevan. K vs Vimy Elizabeth Scaria regarding permanent prohibitory injunction
Case Code Year
Case between Sreedevan. K vs Vimy Elizabeth Scaria regarding permanent prohibitory injunction