Case Summary
Aneesh A B, a police constable, is seeking a permanent prohibitory injunction against A G Sindhukumar and Nalini Gopalakrishnan regarding access to a road used for ingress and egress to his property in Kakkanad. The plaintiff claims the road has been used for over 40 years, while the defendants deny its existence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing on 'B' schedule road.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found sufficient unchallenged oral and documentary evidence to establish the existence of the 'B' schedule road and the plaintiff's easement rights over it.
The court found sufficient unchallenged oral and documentary evidence to establish the existence of the 'B' schedule road and the plaintiff's easement rights over it.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) 1st and 2nd defendants are restrained by a permanent prohibitory injunction from trespassing to plaint B schedule road and to make obstruction to ingress and egress of the plaintiff to plaint A schedule property.
Parties Involved
Plaintiffs
Aneesh A B (31 years years)
Alakkal House, Thuthiyoor Kara, Kakkanad Village, Kanayannur Taluk, Ernakulam District, CSEZ P O, Kochi- 682037
Defendants
A G Sindhukumar (Age not specified years)
Alumkal Purayidathil House, Kakkanad Kara, Kakkanad Village, Kanayannur Taluk, Ernakulam District, Behind Park Hotel, Kakkanad P O, Kochi- 682030
Nalini Gopalakrishnan (about 70 years years)
Alumkal Purayidathil House, Kakkanad Kara, Kakkanad Village, Kanayannur Taluk, Ernakulam District, Behind Park Hotel, Kakkanad P O, Kochi- 682030
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing on the 'B' schedule road.
Evidence:
The 1st and 2nd defendants are restrained by a permanent prohibitory injunction from trespassing to plaint B schedule road and to make obstruction to ingress and egress of the plaintiff to plaint A schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants directed to pay costs of the suit to plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Shows certified copy of the sale deed No.3491/2006 from Thrikkakara SRO, affirming the plaintiff's ownership and rights.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed No.1448/1979 from Edappally SRO, establishing the plaintiff's ancestral rights.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Copy of partition deed No.519/1988 from Thrikkakara SRO, supporting the plaintiff's claims regarding land ownership.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.388/1984 from Thrikkakara SRO, relevant for demonstrating historical ownership.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.91/1986 from Thrikkakara SRO, part of the evidence of ownership.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.2118/2009 from Thrikkakara SRO, supporting the ongoing rights of the plaintiff.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.865/2015 from Thrikkakara SRO, confirming continuous rights.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Marked for reference to assist in the judgment regarding the plaintiff's claims.
Reference:
Ext.C1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Witness testimonies from PW1 and PW2 establish the existence and history of the 'B' schedule road.
Reference: