Case Summary
The case involves Aji George and his wife, Bindu Aji, seeking a permanent prohibitory injunction against Earnest.A. The plaintiff claims that the defendant is attempting to obstruct a pathway that is essential for accessing their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the 1st defendant from constructing a boundary wall including the B schedule way.
Case Type
Injunction
Final Judgment
No
The court granted the plaintiff's request for a permanent prohibitory injunction against the defendant to prevent obstruction of the pathway.
Why Plaintiff Won:
Evidence of the plaintiff established their ownership and the necessity of the B schedule pathway.
Evidence of the plaintiff established their ownership and the necessity of the B schedule pathway.
Losing Side's Weaknesses:
Evidence of the plaintiff established their ownership and the necessity of the B schedule pathway.
Evidence of the plaintiff established their ownership and the necessity of the B schedule pathway.
Supporting Evidence
The evidence adduced by the plaintiff evince that the apprehension of the plaintiff regarding the construction of boundary wall by including plaint B schedule road is well founded.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The 1st defendant and his men are permanently restrained from constructing a new wall including plaint B schedule way and making any obstructions to the use of B schedule way by the plaintiff and his family.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aji George
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- James.S
- Party Age
- 35
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Earnest.A.
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindu Aji
- Party Age
- 46
- Relation
- W/o
Plaintiffs Documents
Original Power of Attorney, Sale Deed No. 87/2019, Land Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sukhul Khadar.Z.A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jose Pious
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- A. Nazarudeen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the 1st defendant from constructing a boundary wall including the B schedule way.
Evidence:
In the result, the suit is decreed with costs as follows: i. The 1st defendant and his men are permanently restrained from constructing a new wall including plaint B schedule way and making any obstructions to the use of B schedule way by the plaintiff and his family.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original power of attorney showing plaintiff's authority.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed establishing plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Receipts proving that the plaintiff and the second defendant are paying land tax for the property.
Reference:
Ext.A3
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Aji George vs Earnest.A. et al regarding Injunction
Case Code Year
Case between Aji George vs Earnest.A. et al regarding Injunction