Case Summary
The plaintiff, A.M. Mymoonath, is seeking a permanent prohibitory injunction against the defendants to prevent them from obstructing access to her property via a private road. The dispute arose after the first defendant threatened to block the access road which the plaintiff has used for many years.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff's claim was supported by uncontroverted evidence validating her ownership and right to use the private road.
The plaintiff's claim was supported by uncontroverted evidence validating her ownership and right to use the private road.
Judgment Evidence:
In the result, suit is decreed as follows. A decree of Permanent Prohibitory Injunction is hereby passed restraining the 1st defendant and his agents from obstructing, blocking or causing any hindrances in any manner, to the user of Plaint B Schedule Private Road for entry and exit to and fro the Plaint A Schedule Property.
Parties Involved
Plaintiffs
A.M. Mymoonath alias A.M. Maimanath (59 years)
Pirambillikudy House, Thrikkakara P.O., Kochi-682 021
Defendants
A.M. Aboobacker (67 years)
Anjikkath House, Thrikkakkara P.O., Kochi-682021
A.M. Kharim (70 years)
Anjikkath House, Cochin University P.O., Kochi-682022
Jai Bharath Educational Trust (Age not specified years)
building No.27/144, Kaithapadath Building, Thrikkakara, Cochin University P.O., Kochi-682022
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the 1st defendant from obstructing access to the private road.
Evidence:
A decree of Permanent Prohibitory Injunction is hereby passed restraining the 1st defendant and his agents from obstructing, blocking or causing any hindrances in any manner, to the user of Plaintiff B Schedule Private Road for entry and exit to and fro the Plaintiff A Schedule Property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the 1st defendant from changing the nature of the private road.
Evidence:
A decree of Permanent Prohibitory Injunction is hereby passed restraining the 1st defendant and his agents from changing its lie and nature and committing waste or damages to it.
Relief Type:
Other
Outcome:
Granted
Description:
Entitled to costs from 1st defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from the 1st defendant and from his assets.
Documents & Evidence
Document Type:
Original partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Original Gift Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates transfer of property from defendant to plaintiff.
Reference:
Ext.A2
Document Type:
Original Gift Deed
Submitted By:
Plaintiff
Relevance:
Further supports the plaintiff's claim of ownership.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Confirms possession of the plaintiff over the property.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Documents additional proof of plaintiff's possession.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows tax payments by the plaintiff, supporting ownership.
Reference:
Ext.A6
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Additional evidence of tax payments related to the property.
Reference:
Ext.A7
Document Type:
Internet Payment Receipt
Submitted By:
Plaintiff
Relevance:
Indicates payment related to the property, supporting the claim.
Reference:
Ext.A8
Document Type:
Internet Payment Receipt
Submitted By:
Plaintiff
Relevance:
Further payment evidence supporting the plaintiff's position.
Reference:
Ext.A9
Document Type:
Acknowledgment certificate
Submitted By:
Plaintiff
Relevance:
Confirms prior communications regarding the property.
Reference:
Ext.A10
Document Type:
Certified copy of extract of resolution
Submitted By:
Plaintiff
Relevance:
Authorizes the plaintiff's claim based on trust board resolutions.
Reference:
Ext.A11
Document Type:
Certified Copy of Letter
Submitted By:
Plaintiff
Relevance:
Provides additional context regarding the trust and ownership.
Reference:
Ext.A12
Document Type:
Certified copy of general building permit
Submitted By:
Plaintiff
Relevance:
Confirms legal permission for construction linked to the property.
Reference:
Ext.A13
Document Type:
Certified copy of occupancy certificate
Submitted By:
Plaintiff
Relevance:
Establishes legal occupancy status of the property.
Reference:
Ext.A14
Document Type:
Certified copy of approved plan
Submitted By:
Plaintiff
Relevance:
Validates architectural plans related to the property use.
Reference:
Ext.A15
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Related communications between parties regarding property use.
Reference:
Ext.A16
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Demonstrates threats made by the defendant against property access.
Reference:
Ext.A17