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O.S. No. 494/2016

Case between Aneesh A B vs A G Sindhukumar et al regarding permanent prohibitory injunction

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-03-01
Duration
approximately-8 years 9 months
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from trespassing on the 'B' schedule road and obstructing the plaintiff's access to his property. The defendants were also ordered to pay costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing on 'B' schedule road.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting a permanent prohibitory injunction against the defendants from trespassing on the 'B' schedule road and obstructing the plaintiff's access to his property. The defendants were also ordered to pay costs of the suit.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The court is satisfied that plaint B schedule property exists as alleged by plaintiff and it is a motorable road used by plaintiff and predecessor for more than 40 years. Ext.A1 would show the existence of right of easement by grant over the plaint B schedule pathway.

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

Parties

Party Role
Plaintiff
Party Name
Aneesh A B
Party Age
31
Relation
S/o
Party Role
Defendant
Party Name
A G Sindhukumar
Relation
S/o
Party Role
Defendant
Party Name
Nalini Gopalakrishnan
Party Age
70
Relation
W/o Late
Plaintiffs Documents
Sale Deed No.3491/2006, Partition Deed No.1448/1979, Partition Deed No.519/1988, Sale Deed No.2118/2009, Sale Deed No.865/2015
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Legy Abraham
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jayashankar G
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
P M Benson
Appearance Type
Assisting Counsel

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:

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Aneesh A B vs A G Sindhukumar et al regarding permanent prohibitory injunction
Case Code Year
Case between Aneesh A B vs A G Sindhukumar et al regarding permanent prohibitory injunction

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 03/09/2016 - 12:00
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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