Case Summary
The Thottadivila Residents Association seeks a permanent prohibitory injunction against Mallika to prevent her from trespassing onto their property. The counter claim involves disputes over property rights and claims of illegal encroachment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against Mallika from trespassing and order for recovery of possession of property.
Case Type
Counter Claim
Final Judgment
No
The court decreed the counter claim in favor of the Thottadivila Residents Association, confirming their ownership and right to prevent trespassing by Mallika.
Why Plaintiff Won:
The court found that the counter claim plaintiff provided sufficient evidence to establish their ownership and right over the property in dispute.
The court found that the counter claim plaintiff provided sufficient evidence to establish their ownership and right over the property in dispute.
Losing Side's Weaknesses:
The court found that the counter claim plaintiff provided sufficient evidence to establish their ownership and right over the property in dispute.
The court found that the counter claim plaintiff provided sufficient evidence to establish their ownership and right over the property in dispute.
Supporting Evidence
The specific case of DW1 is that an extent of 1.42 Ares of property comprised in survey No.1085/3/8 belong to Sri. S.P. Devaraj, Priya. G, Divya. G and Leelakumari Amma who are the members and wellwishers of counter claim plaintiff association.
Judgment Evidence:
In the result, the counter claim is decreed with costs as follows: It is declared that counter claim plaintiffs are the absolute owners and have absolute right, title, interest and possession over the counter claim A schedule property which includes counter claim B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thottadivila Residents Association
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mallika
- Party Age
- 56
- Relation
- D/o
Plaintiffs Documents
Resolution of meeting, Bye law of the counter claim plaintiff association, Registration Certificate, Gift Deed No.1132/1/10, Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G.S.Kalkura
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Pathirapally S.Krishnakumari
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the counter claim defendant from trespassing into the properties of the counter claim plaintiffs.
Evidence:
Permanent prohibitory injunction is granted restraining the counter claim defendant from trespassing into the properties of the counter claim plaintiffs and obstructing the counter claim plaintiffs peaceful possession and enjoyment of the properties or commit any waste therein.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of absolute right, title, interest and possession over counter claim A schedule property.
Evidence:
It is declared that counter claim plaintiffs are the absolute owners and have absolute right, title, interest and possession over the counter claim A schedule property which includes counter claim B schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of possession of counter claim B schedule property.
Evidence:
The counter claim defendant shall surrender the possession of counter claim B schedule property shown with letters ‘CFGC’ in Ext.C2 to the counter claim plaintiff within two months from date of decree.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Mandatory injunction directing the counter claim defendant to construct a compound wall along the boundary line of counter claim A schedule property.
Evidence:
The counter claim is entitled to put up the boundary through ‘CF’ line as shown in Ext.C2(a) plan and to construct the compound wall through the boundary line to a height of 5 feet height using bricks and cement.
Documents & Evidence
Document Type:
Resolution of meeting
Submitted By:
Plaintiff
Relevance:
The resolution authorizes the President to give evidence for and on behalf of the association.
Reference:
Ext.B1
Document Type:
Bye law of the counter claim Plaintiff association
Submitted By:
Plaintiff
Relevance:
The bye law provides the operational framework of the counter claim plaintiff association.
Reference:
Ext.B2
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
The registration certificate validates the legal standing of the counter claim plaintiff association.
Reference:
Ext.B3
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
The gift deed establishes the ownership of the counter claim A schedule property.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The tax receipt serves as proof of payment for the property related to the counter claim.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report provides insights into the nature and lie of the plaint schedule properties.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report and plan detail the measurements and boundaries of the properties in question.
Reference:
Ext.C2
Document Type:
Plan
Submitted By:
Court
Relevance:
The plan visually represents the boundaries and layout of the properties involved in the case.
Reference:
Ext.C2 (a)
Case Classification
Case Type
Counter Claim
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Thottadivila Residents Association vs Mallika regarding permanent prohibitory injunction
Case Code Year
Case between Thottadivila Residents Association vs Mallika regarding permanent prohibitory injunction