Case Summary
The plaintiffs, Aleyamma M V and her son Aby Abraham Varghese, filed a suit against Pambady Grama Panchayath to prevent the closure of a road used for access to their property. The case was heard as the defendant did not file a written statement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is restrained from closing down the plaint schedule item no.2 way and from making any alterations or obstructions to its use.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, restraining the defendant from closing or obstructing the use of the road.
Why Plaintiff Won:
The evidence presented by the plaintiffs established their right to use the road without obstruction.
The evidence presented by the plaintiffs established their right to use the road without obstruction.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiffs. There is no evidence to rebut the evidence adduced on the side of the plaintiffs.
Judgment Evidence:
In the result, the suit is decreed as follows; The defendant and men are hereby restrained from closing down the plaint schedule item no.2 way, from reducing its width, from making any alteration, from making any obstruction to the user of plaint schedule item no.2 road by the plaintiff, from making any fencing therein so as to close down it and from committing any acts of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aleyamma M V
- Party Age
- 65
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Aby Abraham Varghese
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pambady Grama Panchayath
- Relation
- represented by
Plaintiffs Documents
Copy of Sale deed no. 1921/1994, Copy of Sale Deed no. 1170/1995, Copy of Tax Receipt, Copy of Death Certificate, Legal Heirship Certificate, Lawyers notice, Postal Receipt, Acknowledgment Card, Agreement, Commission Report, Rough Sketch
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rabeez P A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ajithkumar S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and men are hereby restrained from closing down the plaint schedule item no.2 way.
Evidence:
In the result, the suit is decreed as follows; 1.The defendant and men are hereby restrained from closing down the plaint schedule item no.2 way, from reducing its width, from making any alteration, from making any obstruction to the user of plaint schedule item no.2 road by the plaintiff, from making any fencing therein so as to close down it and from committing any acts of waste therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed no. 1921/1994
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed no. 1170/1995
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of Tax Receipt
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Copy of Death Certificate
Reference:
Ext.A4
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal Heirship Certificate
Reference:
Ext.A5
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Lawyers notice
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal Receipt
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment Card
Reference:
Ext.A8
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough Sketch
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Aleyamma M V vs Pambady Grama Panchayath regarding permanent prohibitory injunction
Case Code Year
Case between Aleyamma M V vs Pambady Grama Panchayath regarding permanent prohibitory injunction