IN THE COURT OF THE DISTRICT MUNSIFF AT

ERANIEL

OS /2022
Between
Judith aged 47 years
W/o John Britto …Plaintiff

-Vs-
1. Soosai Nayagam aged 55
S/o Louis
2. John Kennady aged 52
S/o Louis
3. Gladson aged 38
S/o Gaspar
4. Kilariyan aged 62
S/o Soosai
5. Vijaya Rani aged 48
W/o Sahayaraj …Defendants

PLAINTIFF FILED UNDER SECTION 26 ORDER V11 RULES 1

AND 2 OF THE CODE OF CIVIL PROCEDURE 1908 FOR
PERMANENT INJUCTION.

ADDRESS FOR SERVICE OF THE PLAINTIFF

Judith, aged 47 years, wife of John Britto, Christian residing

at 5-73/1, Anbiyam 19, Kodimunai, Kodimunai PO, Colachel
Village, Kalkulam Taluk, Kanyakumari District, 629251, Tamil
Nadu.

ADDRESS FOR SERVICE OF THE DEFENDANTS

1. Soosai Nayagam, aged 55 years, S/o Louis, Christian residing at

Anbiyam 19, Kodimunai, Kodimunai PO, Colachel Village,
Kalkulam Taluk, Kanyakumari District, 629251, Tamil Nadu.

2. John Kennedy, Aged 52 years, S/o Louis, Christian residing at

Anbiyam 19, Kodimunai, Kodimunai PO, Colachel Village,
Kalkulam Taluk, Kanyakumari District, 629251, Tamil Nadu.
3. Gladson, Aged 38 years, S/o Gaspar, Christian residing at
Friends Colony, Kodimunai, Kodimunai PO, Colachel Village,
Kalkulam Taluk, Kanyakumari District, 629251, Tamil Nadu.

4. Kilariyan, aged 62 years, S/o Soosai, Christian residing at

Anbiyam 7, Kodimunai, Kodimunai PO, Colachel Village,
Kalkulam Taluk, Kanyakumari District, 629251, Tamil Nadu.

5. Vijaya Rani, aged 48 years, W/o Sahaya Raj Christian residing

at Friends Colony, Kodimunai, Kodimunai PO, Colachel Village,
Kalkulam Taluk, Kanyakumari District, 629251, Tamil Nadu.

PLAINTIFF’S AVERMENTS

1. The Plaintiff is a 47 years old disabled woman. Plaintiff’s

Scheduled Property originally belongs to Plaintiff. On 24.03.2005

Plaintiff executed a settlement deed in favour of her Husband,

John Britto, to guarantee a bank loan to construct a house on

Plaintiff’s Scheduled Property. The above stated settlement

deed was registered at Colachel Sub – Register office in a vide

document No 449/2005. The property is situated at the southern

side of Kodimunai – Kurumbanai Highway Road, which is

extended 1.250 cents. After constructing their house, the

Plaintiff, her husband, and her children are living in the house.

The Plaintiff’s husband is the owner, possessing and enjoying

the plaintiff’s ‘A’ Scheduled Property. The Plaintiff’s Husband is

paying kist in favour of him. All the five defendants are strangers

and not connected with the Plaintiff’s scheduled Properties.

 2. As Plaintiff is a 50% physically challenged woman, for easy

going and coming outside of her house she bought a three-

wheeler which Plaintiff usually stands it in front of her house.

There is no compound wall for her property. To stand her three-

wheeler, Plaintiff installed interlocking stones on the front face of

her house, 41/2 feet in width and 26 feet in length. These

interlocking stones do not block or prevent usage of the regular

pathway of the road.

3. On 26.12.2021 the all the 5 defendants came together

and trespassed onto the Plaintiff’s Scheduled Property and

tried to remove the interlocking stones. The innocent Plaintiff

immediately called Colachel Police for help. Two police officers

came to the location and stopped the Defendants. They

warned defendants and left.

4. Immediately Plaintiff went to Colachel Police Station

and to file a petition against the defendants and asked them to

take action against their Illegal activities. But Colachel Police

took no action as it is a civil matter. But threat still continues.

Hence the poor litigant had no other ways to save her installed

interlocked stone except to appeal to this Honorable Court.

5. The cause of action of the suit arose on 26.12.2021

being the date defendants try to remove the installed interlock

stone and the same date complaint lodged to Colachel Police

at Kanyakumari District, Kalkulam Taluk, Colachel village which

is within the territorial jurisdiction of Honourable Court.

6. The (A) relief is valued at Rs. 1000/- and a court fee of

Rs. 75.50 is paid under section 27(C) of Tamil Nadu court fee

and suit valuation Act.

Hence it is most humbly prayed that this Honourable Court

may be pleased to grant following.

RELIEFS

1. A decree of permanent junction restraining the all the

defendants or his men or subordinate or any other

person including legal authorities not to remove the

installed Interlock stone and should not prevent the

plaintiff enjoying it.

2. The plaintiff be granted a decree to realize the cost of

the suit from the defendants.

3. The plaintiff be granted such other equitable reliefs

which this court deems fit and proper in the nature and
circumstances of the suit.