Case Summary
The plaintiff, Alex Andrews, seeks a permanent prohibitory injunction against the defendants, who are his neighbors, to prevent them from obstructing the repair of a boundary between his property and the Panchayath road. The defendants did not appear in court, resulting in the case being heard ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree of permanent prohibitory injunction from obstructing the installation of barbed wire fencing and from committing acts of mischief on the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction preventing the defendants from obstructing the plaintiff's property repairs and from committing any acts of mischief on it.
Why Plaintiff Won:
The court found the plaintiff's apprehension to be genuine based on the unrebutted evidence.
The court found the plaintiff's apprehension to be genuine based on the unrebutted evidence.
Losing Side's Weaknesses:
The court found the plaintiff's apprehension to be genuine based on the unrebutted evidence.
The court found the plaintiff's apprehension to be genuine based on the unrebutted evidence.
Supporting Evidence
From the unrebutted evidence of PW1 and Exts. A1 to A6, it is proved that plaintiff has a cause of action against the defendants and I am satisfied that the apprehension of plaintiff is genuine.
Judgment Evidence:
In the result, the suit is decreed with costs as follows; Defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from obstructing the installation of barbed wire fencing along with the compound wall or from repairing the kayyala located on the eastern side of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alex Andrews
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Baby Andrews
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ashokan
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M. T Sebastian @ Devasia
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sivadas
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Certified copy of Will Deed No. 49/3/1993, Death certificate of plaintiff's father, Tax receipt, Copy of resurvey plan, Certified copy of power of attorney, Site Approval and building permit.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Hari
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Asha Ravi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To restrain the defendants from obstructing the installation of barbed wire fencing and repairing the kayyala.
Evidence:
Defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from obstructing the installation of barbed wire fencing along with the compound wall or from repairing the kayyala located on the eastern side of the plaint schedule property.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff is the absolute owner and in possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Provides evidence related to the plaintiff's lineage.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Indicates the plaintiff is paying tax for the plaint schedule property.
Reference:
Ext.A3
Document Type:
Resurvey Plan
Submitted By:
Plaintiff
Relevance:
Provides detailed layout of the plaint schedule property.
Reference:
Ext.A4
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Confirms the authority of the power of attorney holder over the plaint schedule property.
Reference:
Ext.A5
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff obtained permit for construction on the plaint schedule property.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Case Code
Case between Alex Andrews vs Ashokan et al regarding permanent prohibitory injunction
Case Code Year
Case between Alex Andrews vs Ashokan et al regarding permanent prohibitory injunction