Case Summary
Biju Antony is the plaintiff seeking a permanent prohibitory injunction against George and others. The case concerns the obstruction of a pathway used by the plaintiff to access his property, with the defendants allegedly constructing a wall that obstructs this access.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained by a permanent prohibitory injunction from altering the nature and condition of plaint B schedule pathway and obstructing ingress and egress of plaintiff to plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved he has an easement by grant over the pathway.
The plaintiff proved he has an easement by grant over the pathway.
Judgment Evidence:
In the result, suit is decreed on the following terms: 1) Defendants are restrained by a permanent prohibitory injunction from altering the nature and condition of plaint B schedule pathway and obstructing ingress and egress of plaintiff to plaint A schedule property.
Parties Involved
Plaintiffs
Biju Antony (43 years)
Chakkalakkal House, Nettor.P.O., Kochi – 682 040
Defendants
George (73 years)
Kochuparambil House, Nettor.P.O., Kochi682 040
Joby (37 years)
Kochuparambil House, Nettor.P.O., Kochi – 682 040
Xavier (46 years)
Kalathiparambil House, Nettor.P.O., Kochi – 682 040
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by a permanent prohibitory injunction from altering the nature and condition of plaint B schedule pathway.
Evidence:
In the result, suit is decreed on the following terms: 1) Defendants are restrained by a permanent prohibitory injunction from altering the nature and condition of plaint B schedule pathway and obstructing ingress and egress of plaintiff to plaint A schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed by a mandatory injunction to remove the plaint C schedule wall.
Evidence:
2) Defendants are directed by a mandatory injunction to remove the plaint C schedule wall, within two months failing which plaintiff can seek to execute the same through court at the expense of defendants.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are directed to pay the costs of the suit to plaintiffs.
Evidence:
3) Defendants are directed to pay the cost of the suit to plaintiffs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Plaintiff's father purchased property and right of way over plaint B schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed under which 1st defendant purchased the property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Plaintiff obtained property from his father.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Basic Tax receipt issued from Village Office, Maradu.
Reference:
Ext.A4
Document Type:
Printout of Photographs
Submitted By:
Plaintiff
Relevance:
Photographs relevant to the case.
Reference:
Ext.A5
Document Type:
Sketch
Submitted By:
Defendant
Relevance:
Rough sketch of the property.
Reference:
Ext.B1
Document Type:
Resurvey Sketch
Submitted By:
Defendant
Relevance:
Attested copy of resurvey sketch issued from Village Officer, Maradu.
Reference:
Ext.B2
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs relevant to the defendants' claim.
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Attested copy of sale deed of 2003 pertaining to the property.
Reference:
Ext.B4
Document Type:
Consent
Submitted By:
Defendant
Relevance:
Copy of consent relevant to the case.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. T.K. Babu.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough sketch filed by Adv. T.K. Babu.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral evidence of PW1 and PW2.
Reference: